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What Kind of Court?

Sylacauga, AL |

My wife got hit badly and had surgery. It was their fault. Also our lawyer is suing their business they own. Since they hit here with there company vehicle Just wondering what kind of court this will be? Her lawyer filed in May 2013 and haven't heard nothing since. What else does my wife have to go through to get to court? Ty

Sorry this was a car accident. Not my wife's fault.

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Attorney answers 5


Civil court. Generally lawsuits are started by a writ, summons and complaint, served on a person and then returned to court by a certain date. Its unclear from your question whether the lawyer filed a claim with the insurance company in May, or filed the complaint with the court in May. Either way, a couple of months of waiting is not unusual. You should speak with your attorney about what is going on.

This is general advice and does not establish an attorney-client relationship.


So far it appears you have done everything correctly. You hired an attorney to pursue your claim. This is not something you can typically handle on your own. YOur attorney though should be more than happy to answer your questions about the status of your case. You should make an appointment with his/her office to meet at the office to discuss the claim.
Resolution of this claim may take some time. The lawsuit was just filed. Each side is now gathering information about the other side. Your wife will likely be asked to answer a set of written questions sent by the other side. Your attorney will assist you with answering those questions. The other side will want all of your wife's medical records Your attorney will send the other side a set of questions also. Once all the questions are answered, your wife and likely you as well will be required to attend a "deposition" where the other side will ask questions to you and your wife under oath. Your lawyer will prepare you for this deposition and will be present at the deposition to object to any improper questions. Your attorney will take the deposition of the driver and perhaps individuals from his job.
If no discussions on settlement were not already ongoing, once the depositions are completed those discussions usually begin.
The value of the claim will depend on a number of factors including the nature and extent of your wife's injuries and how they still affect her today.
How long the case will take to get to trial if there is no settlement is something you should discuss with your lawyer. It depends on what county the case is filed. Some move faster than others.

If you feel this is the "best" answer or is "helpful," please indicate. Since I am limited to the information you provide, I cannot guarantee the accuracy of the answer. You should seek the advise of an attorney who can explore all aspects of your question. This communication does not form an attorney client relationship.


Be patient. If your wife was badly hurt, it will take time to know the full extent of her injuries and the impact it will have on her life. If you want whats best for your wife, you do not want to rush this process. If you have questions you should discuss them with your lawyer.


These are good questions. You should ask your lawyer. Good luck!

The Alabama Rules of Professional Responsibility direct that I state that no representation is made herein that the quality of legal services to be performed is greater than the quality of legal services performed by other lawyers. ALSO: Be advised that our discussion here does not in any way establish an attorney-client relationship.


Your lawyer should be the person to lay it out for you

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