How A Lawsuit Works

How Does a Lawsuit Work?

From start to finish, how does a lawsuit work? What steps can be taken during a lawsuit? What are the actions the other side can take to try to stop or weaken your lawsuit? What can your legal team do to stop those motions from affecting your claim? To answer all of these questions and more, we have compiled several videos that answer these critical questions and shed light on the extremely complex process of pursuing a lawsuit, and what your legal team has to do to protect your rights.

The Steps to File Suit

What are the different steps to file a lawsuit? Are there certain forms you need to fill out? Who do you send the forms to? What type of evidence do lawyers need to gather to substantiate your claim? We’ve compiled answers to all of these questions and more. See below.

Step 1

Call Us or Submit Your Information on Our Website

You’ve been hurt, you’re suffering, and you need help. You know that you have been wronged, and you know that you need legal help to make it right. The first step is contacting our firm. We’re easy to reach, and you can contact our firm directly online through our contact page or by phone by calling (314) 500-HURT.

Step 2

Meet With Us

After you have reached out to our firm, we will schedule a meeting so that we can meet in person. We want to get to know you, to know what happened, and we want to prove to you that we are going to fight hard for your rights and that our team is the right legal team to take on your claim.

Step 3

Collect Evidence to Substantiate your Claim

You know what happened during your accident. You were there. However, physical evidence, witness testimony, and police reports significantly substantiate your claim. Knowing how and where to gather this evidence is critical to your claim, and our team of lawyers know exactly how to gather all of this crucial evidence to make sure your claim is fully protected.

Step 4

File the Lawsuit

Once we’ve collected all of the physical evidence, witness testimonies, and related police reports or medical records, we can move forward with your case. At this step, we file the lawsuit within the correct jurisdiction, and give the other parties notice that we are pursuing a lawsuit against them.

I’ve filed my lawsuit… What’s next?

Filing your lawsuit is only the initial part of pursuing a claim. Once the claim is filed the defendant has to be notified, and then there are several steps that they can take towards the claim. What are these steps? What should you expect from your lawsuit? Listed below are the most commonly used steps for a Lawsuit. Your claim may be different. The defendant you are suing may want to settle the lawsuit quickly, or they may fight it an go to court. No two lawsuits are the same.

Step 1

File a Petition or Complaint

This initial stage of a lawsuit was covered previously, but we are listing it here again to keep the steps comprehensive and in order. To start a lawsuit, you have to have a complaint and damages that resulted due to another person’s actions. Once evidence is collected, a claim can be filed.

Step 2

Get Service on the Defendant

The Lawsuit has been filed, and now the defendant needs to be notified of the lawsuit. This is done by serving them with a summons and a complaint. It is critically important to do this step because if the defendant isn’t notified of the claim, a court can easily throw the case out.

Step 3

Do Written Discovery

Written Discoveries are questions that have to be answered in writing, and are legally under oath. That means that any answers, facts, or statements within the discovery hold legal consequences. This step can also be used to require a part to produce documents for the claim.

Step 4

Take Depositions and Produce the Plaintiff for their Deposition

Depositions are the next step. This entails interviews with fact witnesses, and cross-examinations of the plaintiffs and defendants by the opposing legal counsels. Cases are often decided based on the evidence presented in depositions. Properly preparing for a deposition can substantially strengthen a case.

Step 5

Depose Experts

Expert testimony is a gold standard for determining whether the stated facts could have possibly occurred as either the plaintiff or defendant claims. Experts will be able to translate to a judge or jury that the facts related to the case are either possible, or accurate.

Step 6

Prepare for Trial

Trial preparation is important. You need to be aware of what the defendant may ask, how the claim is presented, and how long the trial may last. Properly preparing for a trial will give you a much better chance of defending your claim in court.

Step 7

Try the Case in front of a Jury

Your trial will always be in front of a judge, but can often also include a jury as well. During a trial, your legal counsel will argue your claim and try to show that the defendant’s claim or assertions are incorrect. Trials take varying amounts of time. Some are settled on the first day. Most take several days.

Step 8

Verdict and Judgement

At the end of the trial, a judge or jury will deliver a verdict or judgment. This is typically the end of the lawsuit. If required to, the defendant will have a set amount of time to produce the judgement or verdict required.

How Does a Class Action Lawsuit Work?

A class action lawsuit is a legal case where a group of people come together to file a single complaint against a company or organization. These individuals may be patients, employees, or customers with a similar legal claim against one or more parties (who are the defendants). Instead of each person filing separate cases, they join forces to save time and money. 

What is a Class Action Lawsuit?

In a class action lawsuit, a group of people (also known as the “class”) who have similar grievances or injuries band together to file a single complaint against a company or organization. 

Class actions are certified as such by the courts with the jurisdiction if the lawsuits meet the criteria under the Rules of Civil Procedure. 

Here are some key points about class action lawsuits:

• They involve a large number of people (the class) who have been affected in a similar way.

• The class is represented by one or a few individuals called the “class representatives.”
• The class representatives and their lawyers file the lawsuit on behalf of the entire class.

If the class wins the case, all members of the class are eligible for compensation or other relief, though not necessarily at the same portions.

Why are Class Action Lawsuits Useful?

• Class action lawsuits make it easier for a large group of people to seek justice and compensation together, rather than each person having to file an individual lawsuit.

• They save time and money for the court system by combining many individual cases into one.

• They give people with smaller claims a chance to band together and have their voices heard.

• They can hold large companies or organizations accountable for wrongdoing that affects many people.

How Does a Class Action Lawsuit Work?

Here’s a general overview of how a class action lawsuit works in general:

1. The class representatives and their lawyers file a complaint with the court, outlining the allegations against the defendant (the company or organization being sued).
2. The court decides whether the case meets the requirements for a class action lawsuit.
3. If approved, the court defines the “class” – the group of people who will be included in the lawsuit.
4. Notice is sent out to all potential class members, informing them of the lawsuit and giving them the opportunity to opt-out if they don’t want to be part of it.
5. The case goes through the legal process, which may involve discovery (gathering evidence), motions, and potentially a trial.
6. If the class wins, the court determines the amount of compensation or other relief to be awarded to the class members.

Common Types of Class Action Lawsuits

Class action lawsuits can be filed for various reasons, but some common types include:

• Product liability cases (defective or dangerous products)

• Consumer fraud cases (deceptive marketing or business practices)

• Employment discrimination or wage and hour violations

• Environmental disasters or toxic exposure cases
• Securities fraud or corporate misconduct cases 

While class action lawsuits can be complex, they serve an important purpose in holding companies accountable and providing a way for groups of people to seek justice together. If you ever find yourself in a situation where you may be eligible to join a class action lawsuit, consult with our St. Louis class action attorneys at Burger Law to understand your rights and options.

Client Reviews

What our clients are saying about us

Juanita Matthews

Year of 2023

This law firm is absolutely amazing. They took on my case, when nobody else would! They fought hard for me when it seemed there was no hope. They kept me informed and always asked for my input before making decisions on my case. Gary puts himself into every case unlike most law firm owners. Gary and his team really care about every one of their clients, and fights hard to get you a fair settlement. They actually won my case out of court, and then reduced my fees to make sure I could get my car fixed and be able to get back to some normality. I would recommend Burger Law over and above any other firm! If you go somewhere else you aren’t getting the best!

Shaunda S.

7 months ago

I am very happy with the staff at Burger Law. I mostly worked with Michael Sheldon, and he did an amazing job. I trusted him completely with my case, and he did not disappoint. I would definitely recommend this team if your ever in need of good attorneys.

Emelia M.

3 months ago

Burger Law Firm is fantastic. Laura and Genevieve were so amazing and helpful throughout the entire process. They helped me with my personal injury case every step of the way and succeeded at getting me the results I desired.

Helen L.

a year ago

We had a great experience with Burger Law for representing us after a serious car accident. Truly impressed by how professional and supportive the entire team is. And, many thanks to Genavieve and Laura – you are amazing!

Judy M.

a year ago

They did an amazing job on my case! Communication with them was great!!! Kept me informed and in the loop with everything that was going on!!! Will definitely be the 1st ones I’ll call if ever I’m in another accident!!! Thank you very much!!!

Chelsea C.

5 months ago

Let me tell you something about Burger Law.. they are so attentive and kind. Jennifer is my savior!! I love the whole team!!! They are truly a miracle team!! I appreciate their business and would recommend it to others.

David D.

2 months ago

Absolutely the best law firm in the St. Louis area. No matter the size of your case you are treated as if you are the only client on the roster. Will explain anything thoroughly and they work around your availability. Very impressed and appreciative of the service.

Lisa B.

11 months ago

Gary and Casey took great care of me for 2.5 years as my lawsuit was finally settled. I feel he helped me achieve justice for me and my 4 children after their father died from medical malpractice and neglect. Thanks to Gary, my kids now have a great start to their college and adult lives. Thank you Gary and Casey, for fighting for us so hard at our most trying and difficult time in our lives thus far. Love and God bless from my family to yours!

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