At Latti Associates LLC, we guide our clients through each step of the litigation process with clear communication and focused strategy.
If you are pursuing a maritime injury claim, personal injury or wrongful death, it helps to know what to expect along the way. Below is an overview of the key stages involved in bringing a case from initial consultation to resolution:
- The Injury or Death
A case begins with a serious injury or the loss of a loved one, often during work at sea or near the water. Medical treatment and immediate safety concerns come first. Once those are addressed, the legal process can begin.
- Hiring an Attorney
After receiving medical care, the next step is to speak with an attorney who focuses on maritime law, personal injury or wrongful death. An early legal consultation can help preserve your rights, protect evidence, and ensure you avoid common missteps that could affect your claim.
- Filing the Complaint
The lawsuit begins when your attorney files a formal Complaint with the court. This document outlines the legal claims, the facts of the case, and the relief being sought on your behalf.
- The Defendant’s Answer
The party being sued responds by filing an Answer. This is a written reply to the allegations raised in the Complaint and may include defenses or counterclaims.
- Scheduling Conference
The court holds a scheduling conference to establish deadlines for the next phases of the case, including depositions, discovery, pretrial motions, and trial. This sets the framework for how the case will move forward.
- Discovery
During discovery, both sides gather the evidence needed to support their claims and defenses. This is often the most time-intensive phase of litigation, and it plays a critical role in building the case for trial or settlement. Common discovery tools include:
- Depositions
A deposition is a sworn, out-of-court testimony where an attorney questions a party or witness about the facts of the case. The person being deposed may be the plaintiff, defendant, a witness to the incident, or a medical provider. A court reporter records the session and produces a written transcript. No judge is present.
- Interrogatories
These are written questions served on a party, requiring responses under oath within a set time period. Interrogatories are used to gather background information, clarify facts, and understand the nature of the claims. The number of questions allowed can vary depending on the court or jurisdiction.
- Requests for Production
This request seeks documents or electronic records relevant to the case, including medical records, employment files, photos, reports, and communication related to the accident or injury.
- Inspection
One party may request to examine or test physical evidence involved in the incident. This could include the vessel, equipment, or the accident location itself.
- Subpoena
A subpoena compels a witness to appear for a deposition or trial testimony. It may be issued to anyone with relevant information. Failure to comply can lead to legal consequences, including being held in contempt.
- Subpoena Duces Tecum
This subpoena requires a witness or company to produce specific documents or records. It is often used when critical information is held by a third party.
- Independent Medical Examination (IME)
Also known as a defense medical exam, this is when a doctor hired by the defendant’s insurance company evaluates the plaintiff. The goal is to assess the cause, extent, and current status of the injury. While the term “independent” is used, these doctors are hired by the defense and represent their interests.
- Alternative Dispute Resolution
Not every case goes to trial. In many situations, the parties may agree to resolve the dispute through mediation or arbitration. These are forms of alternative dispute resolution that can lead to a settlement without the time and expense of a full trial. Mediation involves a neutral third party who helps facilitate a resolution. Arbitration is more formal and may result in a binding decision, depending on the agreement between the parties.\
- Trial
If the case does not settle, it proceeds to trial. This is where each side presents its evidence and arguments before a judge or jury. Testimony from witnesses, expert opinions, and documents gathered during discovery are all introduced. The judge or jury then decides the outcome based on the facts and the law. A trial is often the final step in the litigation process, but it is built on everything that came before it. Thorough preparation is essential.
