How Basic Civil Procedure Works in Tennessee
Prior to bringing a civil suit in Knox County Circuit Court or Sevier County Circuit Court, an injured party will typically consult with an attorney to learn about his or her legal options. After learning the facts as conveyed by the injured party, the attorney will most often conduct preliminary investigations and consult the law about whether or not there is a valid claim. If there is a valid claim, the attorney will discuss with the client the possibility of bringing a claim.
Upon deciding to bring a claim, the personal injury attorney in Tennessee will draft a formal complaint to be filed with a court having jurisdiction over the particular type of claim. The complaint lists all the parties implicated in the suit and explains the grounds for which the suit is brought against the defendants. The complaint also describes the type and amount of damages requested. After the complaint is filed, the court will issue a summons to be served along with the complaint on all the defendants. This provides each defendant with notice that a complaint has been filed, the nature of the claims, and the time limit in which to respond. In answering the complaint, the defendant can challenge the court’s jurisdiction and assert any counter or cross claims against other parties.
Answers to complaints typically involve responses denying the material allegations of the claim. Additionally, the defendant’s answer will often include defenses that, if proven, would serve to defeat the plaintiff’s claim or reduce the damages award.
After the initial “pleading” stage, discovery begins and each side is given the opportunity to more intensively investigate the facts of the case. This typically involves interviewing and deposing witnesses and collecting relevant documents, data and materials.
Most lawsuits end in settlement after all the information is collected during the discovery phase. During settlement, each side meets to discuss a potential settlement amount. If the parties decide to settle, their attorneys will request that the judge presiding over the case enter an order finalizing the terms of the settlement. These orders are confidential and not available to the public. If the parties cannot settle, however, the case proceeds to trial and is decided by either a judge or jury. Typically, personal injury actions are decided by a jury while TN workers’ compensation cases are decided by a judge.
If you believe you have a potential claim arising from an accident in Knox County, Sevier County or any surrounding counties in East Tennessee, consult one of our personal injury attorneys at Baker Associates to learn more about your legal options. Call 866-853-2888 today.
