The attorney will prepare a written answer to the complaint on your behalf. In it, you'll admit to or deny the allegations and include any counterclaims or cross-claims implicating the plaintiff or a third party as responsible for the injury. If you want a jury trial, the answer should also include your request for it. Then, with the four elements of negligence in mind, your attorney will look at ways to defend you. For example, one of the first things he'll examine is whether or not you owed a duty of care to the plaintiff.
Emotions run high during a negligence lawsuit.
Naturally, you may feel anger and disappointment that your judgment is being challenged and the legal system is scrutinizing your care. But don't discuss the case with anyone but your attorney unless your attorney asks you to. During the discovery period, the opposing sides gather information about each other. The attorneys ask questions, review documents, and size up the plaintiff and the defendant as witnesses. Think of the discovery phase as a dress rehearsal for the trial.