The Process
Every case is unique; each has its own individual merits, strengths and attributes. But while the details may vary, they all tend to follow a predictable path from beginning to end. At Payne Mitchell Ramsey, we help clients understand the details, timelines and milestones that define their case, so they can proceed with greater clarity and peace of mind as to how their case will unfold.
Initial Meeting
Every case begins with a detailed client meeting. In this meeting we learn about the facts that brought the client to see us. We exhaust the client’s knowledge of the incident and the product or procedure involved. In this initial meeting, we also begin to understand the depth of the client’s loss and lay the groundwork for gaining a more detailed understanding of the legal damages.
First 60 days: Pre-Suit Investigation
Within the 60 days of the initial client meeting, we conduct an aggressive pre-suit investigation. We interview all available key fact witnesses, and when appropriate, take sworn statements. Many times, we hire liability and damage experts to help in the evaluation and analysis of the case.
60-90 days: File Lawsuit
We are generally ready to file the lawsuit within 90 days, if not sooner. By that time we have gathered documents and interviewed witnesses. We have also vetted the case with experts. Now we’re ready to prepare the lawsuit, and send detailed written discovery questions.
90-180 days: Discovery Plan
An early and aggressive discovery plan involves filling in the gaps we could not close during pre-suit discovery. By relentlessly pursuing damaging documents and testimony at the onset, we are better able to resolve the case early on by settlement or trial. This allows our clients to put closure to a devastating portion of their lives, while also providing financial support as quickly as possible. Generally, the defendants have 60 days from the time we file the lawsuit to answer written questions and provide documents. The following few months are consumed with taking depositions (sworn statements) from witnesses and the opposing parties.
180-240 days
Our experienced lawyers will develop themes that will be woven throughout the trial presentation. Different ways to present the key evidence will be explored. Just as important, we will consider how to best address and explain the weaknesses in our cases. During this time we will also explore settlement options with the opposing party.
Final Trial Preparation + Trial
The weeks before trial involve the final decisions regarding the order and presentation of evidence. We also spend significant time and energy determining a juror profile. In developing this profile, we look for common backgrounds and characteristics of jurors that will be favorable and unfavorable to our case. We will also finalize the order and presentation plan for all of the evidence. This methodical approach allows for a seamless, persuasive presentation of evidence at the trial. Trials usually last 1-2 weeks for most cases. Exactly when a case gets tried depends on the judge and the court. For most cases, the trial will occur 15 to 24 months after the lawsuit is filed.