Injury Litigation
Injury litigation is a legal process by which you can recover compensation for your injuries and losses. Your
injury lawyer will use strong evidence to prove your case. This includes eyewitness testimony from witnesses, medical records, defendant's statements, and expert witness opinions.
Your lawyer will begin the process of filing your lawsuit. After the defendant has reacted to your lawsuit, the case goes into a stage of fact-finding called discovery.
The Complaint
Before a lawsuit can be filed, the injured party (plaintiff) must conduct pre-lawsuit discovery. This involves reviewing police accident reports, making informal discovery and identifying defendants.
After the plaintiff has completed this, they are able to make a complaint and summons. The complaint identifies the person that is being sued and describes the harm that was caused by the defendant's conduct or lack thereof. It typically contains a request for compensation for the victim's medical bills, lost income, suffering and pain, as well as other damages that result from their injury.
The defendant has 30 days to respond, also known as an answer. In this response, the defendant has the option to accept or deny the allegations made in the complaint. They can also include an additional defendant, or make an appeal.
During the discovery phase in the discovery phase, both sides will exchange relevant information about their positions and the evidence they have in the case. This phase includes depositions (also known as interrogatories) and written questions (also called interrogatories) and requests for documents. This usually accounts for the majority of the lawsuit timeline. During this phase, if there are settlement opportunities that are discussed, they will be discussed. The case will go to trial if there's no settlement. During this time the attorney will present your side of the tale to a jury or judge and the defendant will defend themselves.
The Discovery Phase
The discovery phase is a formal procedure that permits your legal team and the party at fault to exchange information and gather evidence. This could include witness statements, information regarding your medical treatment, and proof of the expenses you've incurred. Your attorney can utilize a variety of tools to help you during discovery, including interrogatories and requests for documents. Interrogatories are written questions that require a written answer as well as requests for documents involve requesting all relevant documents that fall under the control of each party. Requests for admission are letters to the other party, asking them to admit certain facts. This can cut down on time and money since attorneys don't have to prove the facts during trial. Depositions are live conversations with witnesses, during which your attorney can ask them questions about the incident while under the oath. Their responses will be recorded and transcribed.
Discovery can be an uncomfortable, lengthy and tedious process, but it is essential to gather the evidence required to win your
injury claim. During your consultation for free the attorney will be able discuss the specifics of the discovery process. If you attempt to conceal an injury that has already been aggravated due to a preexisting medical condition This information could be discovered during the process of discovery and your case could be thrown out.
The Negotiation Phase
Reaching a negotiated settlement is the goal of most injuries. This usually involves a exchange of back and forth between your lawyer and that of the insurer of the party who is responsible. 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 negotiate and help with negotiations.
One of the biggest challenges in the process of settling a claim for injury is that the amount of your damages - including your medical bills as well as lost income and future losses - is a constantly changing aspect. The severity of your injuries could increase over time, which may increase your losses in the future and decrease the value of your current losses. Your lawyer will ensure that your damages are dependent on the current condition of your injuries as well as a complete outlook for future recovery.
Insurance companies often attempt to limit their payout by arguing about certain aspects of your claim. This can result in delay in settlement negotiations. However, your lawyer has strategies to assist you in overcoming these hurdles and obtain the best possible outcome for your case. In some instances negotiations to reach an agreement could be a long process that can take months or even years. There are many factors that affect the length of time settlement negotiations last, but knowing the length to expect will make the process less stressful and more effective for you.
The Trial Phase
While the majority of cases involving injuries are resolved through settlement talks outside of court, your attorney may decide to take your case to trial if a fair resolution is not reached. This is an expensive lengthy, time-consuming and stressful procedure. The jury also has to decide if the defendant should be held liable for your injuries and what amount of compensation you should be awarded. It is crucial for your lawyer to conduct thorough research on your case at this point to fully comprehend the nature of your injuries, the extent of your injuries, the damages and expenses.
At this stage, your attorney will summon witnesses and experts to testify, and present evidence of physical nature, such as photographs, documents and medical reports. This is known as the case-in chief phase. The defense attorney will summon witnesses to testify on behalf of a defense and argue that plaintiffs shouldn't be awarded damages. The jury or judge will then consider the evidence and arguments offered by both parties.
The judge will then explain the legal standards that must be met for the jury to rule for the plaintiff and against the defendant. This is referred to as jury instruction. Each side then gives its closing arguments. If the jury is not able to agree on a verdict, the judge will declare the trial a mistrial. In rare instances appeals might be available if you're not satisfied with the result of your trial.