injury lawyer Litigation
Injuries litigation is a legal process by which you can claim compensation for your injuries and losses. Your lawyer will use strong evidence to prove your case, such as eyewitness testimony, medical documents as well as the statements of the defendant and expert witness opinions.
Your lawyer will begin the process of filing your lawsuit. After the defendant responds to the lawsuit, the case moves to the discovery phase, which is a process of finding facts.
The Complaint
Before a lawsuit can be filed, an
injured party (plaintiff) must conduct pre-lawsuit discovery. This includes reviewing police accident reports, conducting informal discovery and identifying potential at-fault parties.
After the plaintiff has completed this, they can submit a summons and a complaint. The complaint outlines the harm caused by the defendant's action or his inaction. It usually includes a request for compensation for the victim's medical bills loss of income, suffering and pain, and other damages resulting from their injury.
The defendant will then have 30 days to file a response or answer in which they either admit or deny the allegations contained in the complaint. They may also include a third party defendant or make counterclaims.
During the discovery phase, both sides will exchange pertinent information regarding their positions and the evidence they have in the case. This phase includes depositions (also known as interrogatories), written questions (also called interrogatories), as well as requests for documents. This process usually occupies the majority of the timeframe for the lawsuit. In this phase, if there are any settlement opportunities they will be discussed. Otherwise, the case will progress to trial. During this period, your attorney will tell your story to a jury or judge and the defendant will defend themselves.
The Discovery Phase
The discovery phase is a formal procedure that allows your legal team and the party at fault to exchange information and collect evidence. This can include witness statements, information regarding your medical treatment, and evidence of the losses you have incurred. Your attorney can utilize a variety of tools to assist you during discovery, such as interrogatories or requests for documents. Interrogatories are written queries that require a written response and requests for documents requires the submission of all relevant documentation that is under the control of each party. Requests for admission are written demands to the other party requesting them to admit certain facts. This can cut down on time and money since attorneys do not need to prove the facts in court. Depositions are live conversations with witnesses, where your attorney can ask them questions about the incident while under an oath. Their answers will be recorded and transcribing.
While it might appear to be an lengthy, intrusive and uncomfortable process however, it is an essential step to gather the evidence necessary to win your injury case. Your lawyer will be in a position to discuss the details of the discovery process with you during your complimentary consultation. For instance, if try to hide a prior condition that your injury worsened it could be discovered during the discovery process and dismissed from your case.
The Negotiation Phase
Reaching a negotiated settlement is the primary goal in most injuries. This process usually involves a back and with your lawyer and the insurer of the responsible party. This may include informal conversations/correspondence (by phone, in meetings, by email) where the parties trade offers and counter-offers. Your lawyer can assist in deciding on the amount of settlement that you want to seek and assist in negotiations.
One of the difficulties of the process of settling a claim for injury is that the amount you are owed including medical expenses, lost income, and future losses - can be a volatile aspect. The severity of your injuries could increase over time, which may increase the amount of your future losses and reduce the value of your current losses. Your lawyer will ensure that your damages are calculated based on your current injuries and the likelihood of future recovery.
In many cases insurance companies attempt to limit their payout for claims by arguing against certain aspects of your case. This could lead to a delay in settlement negotiations. However, your lawyer can provide strategies to help you overcome these obstacles and achieve the best possible result for your case. Negotiating a settlement can take months or years. Negotiations can take several months or even years, depending on various factors.
The Trial Phase
While most injury cases are resolved by settlement negotiations outside of the courtroom, your attorney might choose to take your case to trial if a fair resolution is not reached. This can be a costly lengthy and time-consuming procedure that can be stressful. The jury will also have to decide if you are paid for your injuries and if so, how much. It is therefore important for your lawyer to thoroughly research your case at this stage to fully comprehend how you were injured and the extent of your injuries, the damages and costs.
At this point, your lawyer will call witnesses and experts to testify, and provide evidence in the form of photographs, documents and medical reports. This is the "case-in-chief" phase. The defense attorney will summon witnesses to testify and argue as to why the plaintiff should not be awarded damages. The judge or jury will then take into consideration the evidence and arguments made by both parties.
The judge will explain to the jury the legal standards that must be followed in order for them to decide in favor of the plaintiff or against the defendant. This is known as jury instruction. Following that, each side will present their closing arguments. If the jury cannot reach an agreement on a decision, the judge will declare that the trial is a mistrial. If you're not satisfied with the outcome of your trial, there may be an appeal option.