July 2019

2021 Midwest Road, Suite 200, Oak Brook, IL 60523

Month: July 2019

Clients often come to me with many misconceptions about lawsuits. For one, they tend to think that lawsuits do not last very long. I blame this largely on TV legal drama which shows attorneys fighting for their clients in a full courtroom within a week of being hired. I usually tell my clients to prepare themselves for at least a year in court if they get sued or want to be sued. Below I outlined the basic phases and anatomy of a lawsuit:

Phase 1—Initiation of the lawsuit legal research:
  • Description: Case strategy, drafting and filing complaint, service of the defendant(s)
  • Estimated Timeline: 2 to 4+ months.
Phase 2 – Answer/Counterclaim:
  • Description: This phase of the civil lawsuit will depend on the other party's response to the initial complaint. If the other party merely files an "answer" then the case moves quickly to discovery (Phase 3). If, however, the other party files a "motion to dismiss" in attempt to dismiss the lawsuit, a response is required and a potential amended complaint.
  • Estimated Timeline: 2 to 6+ months
  • Associated Third-Party Costs: $0-$300. Filing an answer does not cost money, but if you are a defendant and want to file counterclaims, there are court costs you have to pay.
Phase 3 – Discovery:
  • Description: This phase is by far the most unpredictable and expensive part of the lawsuit for both the clients and civil dispute lawyers. This phase includes providing initial mandatory disclosures (if applicable), issuing