The phases of a Jones Act back case

The case begins when the complaint is filed. The complaint lays forth the facts and legal reasons that you believe justify your claim. Next comes the defendant’s answer stating their defenses and which allegations will be contested. After this comes the discovery phase where each side has a chance to weigh the pros and minuses of the other party’s case. Discovery may be conducted by submitting written questions to be answered under oath; questions you can expect include your history of prior injuries, work history and education. There is a good chance during this phase that you will have to submit to a physical exam. Both sides may take witness depositions which are recorded by a court reporter. A mediation is usually ordered where a neutral third party will attempt to settle the case. If no settlement is reached, a trial will be scheduled either by judge or jury. The plaintiff has the burden of proof.