Injury Litigation
Injuries litigation is a legal process that allows you to get compensation for your injuries and losses. Your
injury attorney will build solid evidence in your case that includes eyewitness testimony, medical documentation, defendant statements and expert witness opinions.
Your lawyer will then start the lawsuit. When the defendant has responded and the case is moved to the discovery phase, which is a process of finding facts.
The Complaint
Before a lawsuit is filed the person who suffered the
injury law firms (plaintiff), must conduct an investigation prior to filing a lawsuit. This includes studying police accident reports, making informal discovery, and identifying potential defendants.
After the plaintiff has completed this, they can start a summons as well as a complaint. The complaint details the damages caused by the defendant's action or his inaction. The typical complaint will include a demand for compensation for medical bills and lost income, as well as suffering and pain, as well as other damages arising from their injuries.
The defendant has 30 days to respond, also known as an answer. In this response, the defendant has the option to acknowledge or deny the allegations made in the complaint. They can also file an additional counterclaim or include a third-party defendant in the suit.
During the discovery phase during the discovery phase, both sides will share relevant information about their positions and evidence in the case. This process includes depositions (also called interrogatories) as well as written questions (also known as interrogatories) and requests for documents. This phase typically accounts for the majority of the timeframe for a lawsuit. If there are settlement options that are available, they will be negotiated during this period. Otherwise the case will proceed to trial. In this instance your lawyer will provide your perspective before a judge or a jury and the defendant will put on their defense.
The Discovery Phase
The discovery phase is a formal process that allows your legal team and the party at fault to exchange information and gather evidence. This can include witness testimony as well as details of your medical treatment, and evidence of losses you've suffered. Your attorney may also employ various tools during discovery to help your case, such as interrogatories and requests for documents and depositions. Requests for documentation are requests to provide all relevant documentation that is under each party's control. Interrogatories require written responses. Requests for admission are letters to the other side asking for them to acknowledge certain facts. This can save time and money as the attorneys don't need to prove the facts in court. Depositions are live recordings of witnesses, where the attorney can question them about the incident under oath. have their answers recorded and translated by a court reporter.
Although it may appear to be an lengthy unpleasant, time-consuming and
injury attorney uncomfortable process but it's a crucial step to gather the evidence needed to win your case. Your lawyer will be willing to go over the specifics of the discovery process with you during your no-cost consultation. For instance, if you try to hide a prior condition that has aggravated your injury and this information is discovered in the process of discovery and thrown out of your case.
The Negotiation Phase
Most cases of injury aim to settle through negotiations. The process of achieving this goal is usually an exchange of information between your lawyer and the responsible party's insurance company. This may include informal conversations/correspondence (by phone, in meetings, by email) where the parties trade offers and counter-offers. Your lawyer can assist you in deciding on the number of settlements you wish to demand and then help with negotiations.
One of the biggest challenges in the process of settling a claim for injury is that the amount you are owed including medical expenses as well as lost income and future losses - is a dynamic factor. Your injuries can get worse over time, which may increase your future losses and
injury attorney decrease the amount of your current losses. Your lawyer will ensure that your damages are calculated based on your current injuries as well as the probability of future recovery.
Insurance companies usually attempt to limit their payout by arguing against certain aspects of your claim. This can delay settlement negotiations however, your lawyer has strategies to help you overcome these obstacles and get the most favorable outcome for your case. The process of negotiating an agreement can be a lengthy process that can take months or years. There are many factors that affect how long settlement negotiations take, but knowing what to expect can make the process easier and more efficient for you.
The Trial Phase
The majority of injury cases are resolved outside of court through settlement negotiations. However, if an agreement is not reached the lawyer could decide to take the case to trial. It is a stressful long, expensive and costly procedure. The jury will also have to decide if you should be compensated for your injuries and, should they, if so, in what amount. Your lawyer must thoroughly investigate your case to determine the circumstances surrounding your injuries, the amount of damages, injuries and costs.
At this point, your lawyer will call witnesses and experts to testify and provide evidence in the form of documents, photographs and medical reports. This is referred to as the case-in-chief phase. The defense attorney will summon witnesses to testify on behalf of a defense, and argue that plaintiffs should not be awarded damages. The jury or judge will then consider the evidence and arguments presented by both parties.
The judge will then explain the legal standards that must be met in order for the jury to find in favor of the plaintiff and against the defendant. This is called jury instruction. Each side then gives its closing arguments. If the jury is unable to agree on a decision, the judge will declare the trial a mistrial. In some cases, an appeal may be available if you're not satisfied with the results of your trial.