During these trying times, we remain open, and are ready and able to sign up new clients while fighting for the rights of our current clients. In order to help protect the health of our potential clients, current clients, and staff, we are actively utilizing video teleconferencing and e-sign digital signatures, in addition to phone and email.

What Happens During the Litigation Phase of My Case?

What Happens During the Litigation Phase of My Case?

Doug Burnetti, Florida AttorneyLitigation refers to the resolution of disputes through the process of legal proceedings when an agreement cannot be reached through mediation or other settlement options outside of court. While a majority of cases settle out of court in the pre-litigation phase of a case, it is found necessary sometimes to go through the court system when a fair settlement cannot be reached.

There are four main stages of the litigation phase.

  1. Complaint And Information Gathering

A lawsuit begins with first gathering information including the extent of a client’s injuries and how the injuries have impacted the client’s life. After the information is gathered, a formal complaint is filed. The complaint will cover jurisdiction, venue, damages and other information relevant to an injury case.

  1. Pleading

Once a complaint is filed, the defendant or at-fault party must respond to the complaint within the appropriate deadline. The defendant has the right to file a motion, which is a request to the court for an order or ruling if the defendant does not feel there are sufficient facts to justify a lawsuit. If the defendant files a motion to dismiss the case, the judge will either grant or deny the motion.

  1. Discovery And Motions

Once a defendant answers a complaint, the lawsuit enters the discovery and motions phase. Discovery is the time period where the plaintiff and defendant obtain information from each other. Both sides will conduct interviews and depose witnesses for the case. During depositions, the attorney’s questions and the witness’s answers will be recorded by a court reporter. These transcripts can be later used during a trial.

Motions can include a motion to compel responses from a plaintiff or defendant if they fail to respond according to the deadlines. Motions can also include asking the court to enter a judgment without going through with an actual trial. Some cases may settle during this phase before going to trial.

  1. Trial

If further settlement negotiations cannot be reached, the final stage of litigation is a trial in court. During the trial, both parties have the opportunity to present and argue their cases before a judge or jury. In a jury trial, the jury reviews the presented arguments; and in a bench trial, the judge decides the facts and reviews the presented argument. The attorneys will present arguments, evidence, and witness statements. The judge will then rule on objections and motions and the judge and/or jury will provide a verdict.

Litigation is complicated and extensive preparation is required. Not all attorneys litigate cases in court. At Burnetti, P.A. we prepare every case as if we are going to file suit if is it found to be in the client’s best interest. All of Burnetti, P.A.’s personal injury attorneys have successfully tried cases in court and the firm has received numerous seven-figure settlements on behalf of our injured clients.

Our Testimonials

Hear From Clients Across the State of Florida
  • “I highly recommend Burnetti P.A. as a great and caring law firm.”

    - Michelle M.
  • “They are the best I would recommend them to everybody.”

    - Jeannette D.
  • “They made sure that I was getting my equal justice. This team was amazing!”

    - Gerard E.
  • “The settlement he got for me was far above my expectations.”

    - Evelyn B. R.
  • “I can’t speak highly enough about my experience with Burnetti, PA.”

    - Chuck S.
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Successful Verdicts & Settlements

Serious Lawyers, Serious Results
  • DUI Car Accident $7.25 Million

    $7,250,000 recovery due a car accident resulting in death by a driver under the influence of an illegal substance.

  • Hospital Medical Malpractice $3.8 Million

    $3,820,000 verdict on behalf of a woman who suffered traumatic brain injury due to failure provide proper care.

  • Helicopter Crash $2.5 Million

    $2,500,000 recovery for a pilot involved in a helicopter crash.

  • Trucking Accident $2 Million

    $2,000,000 recovery for a family who lost their adult child due to a trucking accident.

  • Wrongful Death $1.9 Million

    $1,964,000 settlement for a mother who received four times the amount of medication that resulted in her death.

  • Trucking Accident $1.9 Million

    $1,900,000 verdict for a trucking accident that resulted in the death of an adult child.

  • Confidential Settlement $1.5 Million
  • Medical Malpractice $1 Million

    $1,062,500 settlement for a medical malpractice case resulting in injury.

  • Trucking Accident $940,000

    Our client was involved in a severe motor vehicle accident when she was rear-ended by a semi and knocked into oncoming traffic. She was rushed to the emergency room and had several surgeries performed.

  • Motor Vehicle Accident $750,000

    Our client was a passenger in a vehicle that was rear-ended by a commercial vehicle. Our client suffered severe injuries to his neck and back, resulting in surgery to repair the damage inflicted.

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What Sets Us Apart?

  • A Proven Record of Results

    We have recovered millions of dollars for our clients, including many multi-million-dollar verdicts and settlements.

  • A Culture of Customer Service

    We treat all of our clients like family, requiring regular calls to clients in an effort to promote the best possible client experience.

  • Decades of Unwavering Service

    Our firm has proudly served injured people throughout the state of Florida for over 25 years, and we're just getting started.

  • A Network of Support

    We help clients find doctors, deal with insurance companies and recover compensation for medical bills and lost wages.

Contact Burnetti, P.A.

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