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Lawsuit Filed...

Lawsuit Filed, Now What? Power Point

QuestionAnswer
What do some states require prior to filing a lawsuit? Presuit; therefore, you might receive a presuit notice
First Indications You Might Be Sued... Presuit notice; Claim review by a medical review panel; Request for records from the accuser or their attorney
If you have liability insurance, what might they do for you? Appoint an Attorney, but you have the right to hire add'l or an independent defense counsel that privately reports only to you
What happens if the insurance carrier denies coverage of the claim, or you don't have insurance? Find your own lawyer!
When records are requested, what do you do? Advise with attorney to know what records are privileged before sending any requested records; Records aren't privileged after you provide them to the plaintiff!
What do you do next? Notify insurance carrier of the potential claim; Don't alter, add, or change records; Keep copy of what's sent to plaintiff; Verify legal authority of requesting person to obtain records (HIPPA, State timeline for record production)
Presuit- Plaintiff is aka? Defendant aka? Claimant; Respondent; Both can take unsworn statements of key witnesses & conduct limited discovery, negotiate & attempt to resolve w/o expensive litigation
Lawsuit Filed- what should be determined first? Has case been filed within statute of limitations? Then complaint is served upon the defendant (usually a time limit to serve; time limit also for defendant to respond to complaint)
First Option When Responding to the Complaint File a motion to dismiss complaint: Must be based on good-faith belief of defense attorney that grounds exist to dismiss it
A motion to dismiss a complaint is defined as... A request that the court dismiss the case b/c of settlement, voluntary withdrawal, or a procedural defect
Second Option When Responding to the Complaint Answer the Complaint
If answering complaint, each paragraph in complaint must be answered with... Either admit, deny, or without knowledge therefore denied
When answering complaint, defense may put forth affirmative defenses Defendant's assertion raising new facts & arguments that, if true, will defeat the plaintiff's claim, even if allegations in the complaint are true
Affirmative Defense Examples Statute of Limitations expired; Collateral payments, a 3rd party is at fault; Plaintiff was also negligent
4 Types of Discovery Interrogatories; Request of Production; Request for Admissions; Depositions
What are interrogatories? Questions the other party must answer within a specified period of time; Limited number that one party can require of the other party; Usually a specified time allowing answering of interrogatory; Usually performed under oath & notarized
Examples of Interrogatories What damages the party is claiming; Who knows anything about the facts of the case; Has any other party paid for some medical bills
Requests for Admissions Narrow the facts in dispute; Defense may ask plaintiff for admission that they received an explanation of the risks & benefits of a certain procedure; Then defense doesn't have to prove in trial & info can be used in opening statements
Request for Entry When medical equipment is involved in case; Plaintiff may want an expert to evaluate the equipment
Depositions Expensive discovery; Fact gathering from possible witnesses; Credibility of witnesses; Not uncommon for them to be videotaped
Hearings- before a judge to determine particular issues throughout the litigation process Motions to: dismiss, compel, for protective orders, for summary judgements, for partial summary judgements
Pretrial Judge issues trial order; Plaintiffs will disclose experts & subject matter; Defense discloses experts to be used; Depositions of experts scheduled & taken
What is another name for jury selection process? Voir Dire: preliminary exam of a prospective juror to determine if that juror is qualified & suitable to serve
2 Ways to eliminate potential juror For cause (bias that can't be overcome; usually no limit to # of potential jurors that lawyers can eliminate for cause); Pre-emptive challenge (juror removed w/o reason; 3 per side; race-neutral)
What are the parts of a trial? Opening statements; Plaintiff's case; Defendant's case; Closing arguments; Jury instructions; Jury deliberations; Post-trial motions & final judgments; Appeals
Alternative Dispute Resolution- Arbitration Involves 1 or more neutral 3rd parties who are agreed by both side; Decision of these 3rd parties is binding
Alternative Dispute Resolution- Mediation Non-binding dispute resolution; Neutral 3rd party who tries to help the disputing parties to reach mutually agreeable solution
Alternative Dispute Resolution- Settlement Agreement ending dispute or lawsuit; May be at any time during litigation process
Created by: 1190550002