So, you think you have a claim.

What will you have to go through if you actually file a lawsuit?

All lawsuits begin the same way, with a complaint filed in an Oregon court. After that, there can be many twists and turns. These twists and turns affect the lawyer more than the client. This covers what Oregon lawyers expect from their clients during the lawsuit.

1. You need to be completely honest and open with your lawyer.

Trial lawyers have two jobs when we represent people: counselor and warrior. We can do neither well unless we fully understand your situation. The most important thing we need is your honesty.

The attorney-client privilege means that attorneys cannot disclose confidences to anyone without your permission (unless you are abusing children or about to commit a crime). That means, you may tell us anything. If we know all of the facts, both good and bad, we can work with them to achieve the best result for you. The best way to lose your case is to hide facts from your lawyer so that he or she is surprised at trial.

2. You must provide materials and information to your own lawyer.

Lawsuits are simple. Each side can present (1) testimony and (2) papers or things to the jury. That's it: testimony and things. So, what you must do is provide your lawyer the names of everyone you can think of who might be able to testify on:

• How you became injured.
• How the injury has affected you financially.
• How the injury has affected you emotionally and mentally.

In addition to names of potential witnesses, your lawyer needs papers and things. For example, if you claim lost income, your lawyer will need past W-2s proving your income. If you can no longer ride a bike, your lawyer will want pictures of you bicycling before the injury. It will be your job to work with the lawyer to help him or her gather all of the testimony and things that will help prove your loss.

3. You must provide materials and testimony to the other side.

After your lawyer files the complaint, the other side may ask for testimony and papers and things from you. Your attorney should already have the papers and things you gave him or her, and simply needs to provide them to the other side. As for testimony, the other side has a right to take depositions of people who they think might have information bearing on the lawsuit.

A deposition is questions answered under oath. Most often, depositions occur in a conference room with the lawyers for all parties, and a court reporter. Sometimes the parties to the lawsuit show up, and, sometimes, a videographer records the proceedings. Your lawyer will prepare you for this. Also, you can now find videos on YouTube describing depositions. Some of the videos are relatively useful, and some are not so good.

4. You might have to submit to physical or psychological examinations.

Often, the defendant will want you to submit to a so-called "Independent Medical Examination." Some of these are not really "independent." However, the rules permit it. In effect, these Defense Medical Examinations are used to gather evidence to use against you. Rarely do defendants use Defense Medical Examinations to honestly evaluate a claim for the purpose of offering a fair settlement.

Your lawyer can fight to set ground rules for the examinations. Your lawyer can do other things to try to limit any potential for the misuse of defense medical examinations.

5. Mediation.

Often, after both sides have gathered the information we need, the parties will try to settle the case. Mediation is another name for a settlement conference. Both sides agree to meet at a specific time and place. A mediator - or go-between - talks to both sides and tries to work out an agreement to settle. Anything you say to the mediator is confidential and cannot be used in the lawsuit. The mediator has no power to decide the case. He or she only has the power to persuade the parties that it makes sense to settle as compared to risking a trial.

6. Trial Preparation

When cases do not settle, then the lawyer and the client must prepare for trial. This is a lot of work for all. In effect, a trial is like putting on a play. We need to gather all of the witnesses, papers, photographs, and videotapes. We need to determine how to present it to 12 strangers who know nothing about you. I find trial preparation to be a time of exhilarating focus. We work our tails off. However, with the right attitude, the experience can be okay, almost fun.

The statistics tell us that 97% of all cases settle before trial.

7. Trial.

If trial preparation is like getting ready for a play, then the trial is like the play, except we only know part of the script in advance. The rest is improvisation. You will be expected to attend, unless that is impossible for some really good reason.