Litigation 101: Litigation and Courts

Will I have to go to court and testify?

It is possible, yes. But if that happens, you will have plenty of notice from our office and the court as to when that will occur. Additionally, we will help you prepare for your day in court extensively, and we are available to answer your questions. You should be aware that cases often settle right up until the very last moment before the trial starts. Just because a trial has been scheduled, that doesn’t mean that you will definitely have to take the stand. You should never assume that you will not have to testify.

If I decide to sue the person or persons responsible for my injuries, what can I expect? Will it take up much of my time?

Litigation can take a substantial amount of time from the filing of the complaint through the jury verdict. Every case is different and it depends upon many different facts and circumstances we will be glad to discuss in person.

I’m not sure if I want to bring a case in court. Do I have to make up my mind in a certain amount of time?

Yes. A special kind of law called a statute of limitations prescribes a certain amount of time in which lawsuits regarding specific issues must be brought, or else they are forever more time-barred. In Arkansas, the statute of limitations for personal injury cases is three years from the date of injury (in some limited cases, it may run from the date the plaintiff discovers or should have discovered her injury). Medical malpractice cases have a two (2) year statute of limitations.

Should I accept a settlement or go to trial?

Deciding whether to accept a settlement or press on with litigating a case is a complex and highly personal decision. It is always up to you, as the client, to accept or reject a settlement offer. We will discuss the matter with you and make a recommendation based on the facts particular to your case.


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