If you have been sexually harassed and you are seeking compensation, you might be wondering what to expect from the process. Your sexual harassment lawyer will know how to help you prepare. This is everything you need to know about the legal process
Ask a Sexual Harassment Lawyer: When Will I Have to Go to Court?
Experiencing sexual harassment is an incredibly frightening thing. You deserve justice for what you’ve experienced. This is why you should work with a qualified lawyer. Make sure you visit this page for more information on what your lawyer can do for you.
Ideally, you’ll be able to reach a settlement without needing to go to court. But if you do wind up presenting your case in front of a judge or jury, you may be wondering when you’ll have to go to court. Your court date depends on several factors, including how many other cases need to come before yours and how long it takes you and the other party to prepare. Your lawyer will help you move things along as quickly as possible.
What to Expect From Your Sexual Harassment Lawsuit
Filing the Complaint
The first thing that you and your lawyer will need to do if you are seeking a settlement for the sexual harassment you’ve experienced is to file a complaint. As the plaintiff, you’ll submit the complaint as well as the relief you’re requesting.
The term “relief” here refers to the compensation you’re looking for. Your lawyer will help you determine what you should expect from your lawsuit. The other party, referred to as the defendant, will need to respond to the complaint once it’s filed.
Determining the Scheduling Order
The judge presiding over your case must lay out a scheduling order. This is usually done right after the plaintiff files the complaint.
The scheduling order tells the parties involved in a legal case what important deadlines need to be followed. It also sets a date for the trial. In some cases, a schedule for the discovery process will be outlined as well.
Discovery
The discovery process refers to the period during which both parties involved in a legal case seek out and exchange relevant information. You and your lawyer will start gathering evidence that will support your case. If you have any emails, texts, or other documentation that the sexual harassment took place, this is the time to gather and organize them. Asking for witness statements can also provide important evidence.
In some cases, gathering evidence can be contentious. One party may not be willing to provide certain pieces of evidence. In these situations, the judge may need to be called upon to settle any disputes.
Jury Selection
If your case is going to be tried in front of a jury, the jury will need to be selected before the trial. Usually, cases are tried before a jury if monetary issues are at hand. For example, if you lost wages because of the sexual harassment you experienced, your case may go in front of a jury and not only a judge.
Part of the jury selection involves lawyers asking potential jurors questions to determine if they can remain impartial, which is crucial for a legal case. This process is called voir dire. The process is finished once the jurors have been selected.
The Trial
There are a few things you can expect from your trial. The process will begin with both lawyers making their opening statements, which lay out a narrative for what occurred and present the case they are making.
If there are any witnesses, these witnesses will be called upon to make statements and be cross-examined by the other party’s lawyer. After this is done, the lawyers will make their closing arguments. Throughout the process, the judge must make rulings and maintain civility.
The Decision
Once the trial closes, the judge or the jury will take some time to deliberate on a decision. If they decide that the defendant is legally liable, they will also outline what the remedy is going to be. Here, remedy refers to the amount of financial compensation you can expect and any non-monetary relief.
If you are not happy with the results of your case, you may submit an appeal. This is a process that involves asking a higher court to take a second look at your case and potentially get you fairer compensation.
Experiencing sexual harassment is scary. You may find yourself with PTSD symptoms, including things like grief, depression, and anger. It’s important to be fairly compensated for what you have been through. Always work with a qualified lawyer when going through any legal process. Your lawyer will ensure your rights are respected at all times and that you get a fair settlement.
