Chattanooga Personal Injury Lawyer
One out of every 10 construction workers is accidentally injured every year. The most common accident at construction sites is falls, either on the same level or from height. More fatalities occur from falls than any other construction activity. [More Info ]

Chattanooga Civil Litigation Process

Johnny L. Woodruff, Attorney at Law

A lawsuit is a civil action that is brought before a court in which the individual or group starting the action (the "plaintiff") seeks a legal solution to a complaint. Often times, a defendant or defendants are required to answer the plaintiff's complaints. In the case of a successful lawsuit, a judgment is given in favor of the plaintiff, and a range of court orders may be issued in order to impose a penalty or to award monetary damages.

Step One: Pleadings

First, a plaintiff files an official complaint before the Hamilton County court. This complaint states that the plaintiff is requesting damages from a defendant, along the legal and factual reasons for doing so. The Hamilton County court clerk will then issue summons that notifies the defendant that he or she is being sued, along with providing the individual with the details of the claim.

After the defendant receives the summons, the individual has a time limit during which they may file a response detailing their defenses to the plaintiff's claims. The defendant may file an "answer" that raises all defenses and denies the plaintiff's allegations. Doing so automatically moves the process into the "pre-trial" phase. Alternatively, the defendant can dispute the very validity of the claim by filing one or more "pre-answer" motions to dismiss. If such motions are dismissed, along with any appeals (if that option is available), the process moves into the "pre-trial" phase.

In most cases, such paperwork is filed by a Chattanooga civil lawyer; However, an individual can file this paperwork themselves. This is known as appearing "pro se."

Step Two: Pre-Trial

The first stages of a Chattanooga civil lawsuit may include a process known as "discovery." During this time, evidence and statements are exchanged between parties based on the cases they plan to argue in court. The purpose of discovery is to eliminate surprises and to clarify what the lawsuit is about.

At the close of discovery, the parties may pick a jury. Alternatively, if both parties waive a jury trial, the case may proceed as a bench trial. In such cases, the trial is decided solely by a judge.

Step Three: Trial and Judgment

During this phase, the lawsuit proceeds in a manner similar to that of a criminal trial. Each side may present witnesses and evidence, after which a judge or jury renders a decision. In most cases, the plaintiff has the responsibility for presenting enough evidence to persuade the court to present a judgment in their favor. This is know as "the burden of proof."

Step Four: Appeal

Once a judgment has been delivered by the court, either party may or both may submit an appeal, in which they prevail upon the court to reconsider its verdict. The court can then either affirm the judgment, refuse to hear the appeal, reverse the judgment, or vacate and remand, which involves sending the case back to the court so that it may address an issue that has failed to be resolved.

Step Five: Enforcement

When a final judgment is rendered, the plaintiff is usually barred from bringing a similar claim upon the defendant.

If the verdict is in favor of the plaintiff, then the defendant is legally obligated to comply with the judgment, which usually will involve some form of monetary reward. If the defendant fails to do so, the court has the ability to seize any of the defendant's assets located within its jurisiction.

Free Consultation *

* Applies Only to Personal Injury Cases

If you need assistance with a Chattanooga civil procedure, contact Johnny L. Woodruff, Attorney at Law. Johnny L. Woodruff has served the legal needs of the Chattanooga area for the past ten years and has the experience necessary to win your case. Click here to receive a free consultation.