Injury Litigation
Legally, it is the process that allows you to seek compensation for your losses and injuries. Your lawyer will create strong evidence for your case that includes eyewitness testimony in the form of defendant statements, expert witness opinions.
Your lawyer will bring your lawsuit. If the defendant does not respond and the case is moved to an investigation stage, also known as discovery.
The Complaint
Before the lawsuit can be filed, an injured person (plaintiff) must conduct pre-lawsuit discovery. This involves reviewing police accident reports and conducting informal discovery and identifying parties that could be liable and the possible legal remedies that can be argued against them.
Once the plaintiff has done this, they are able to submit a summons and a complaint. The complaint outlines the harm caused by the defendant's actions or his inaction. It typically contains a request to seek damages for injuries suffered by the victim, including medical bills loss of wages, pain and suffering and other damages.
The defendant has 30 days to respond, referred to as an answer. In this response, the defendant may admit or deny any allegations made in the complaint. They may also file a counterclaim or add a third-party defendant the suit.
During the discovery phase, both parties will exchange relevant information regarding their positions and evidence. This usually involves depositions, written questions (called interrogatories), and requests for documents. This phase usually takes up the majority of the timeline for the lawsuit. If there are settlement possibilities, they will take place during this time. Otherwise the case will go to trial. In this instance your lawyer will explain your perspective to a jury or judge and the defendant will take on their defense.
The Discovery Phase
Discovery is a formal process that allows you and your legal team to exchange information with the other party and collect evidence. It could include witness statements, specifics regarding your medical treatment, and proof of the expenses you have incurred. Your attorney may use a variety tools to aid you in discovery, such as interrogatories and requests for documents. Interrogatories are written inquiries which require a response in writing, while request for documents involves requesting all relevant documentation that is under the control of the parties. Requests for admissions ask the other party to admit certain facts, which can save time and money since attorneys do not need to prove the facts uncontested in court. Depositions are live interviews of witnesses, where the attorney can inquire about the incident under oath, and have their answers recorded, and then transcribed by a court reporter.
Discovery may seem like an uncomfortable, lengthy and invasive process, but it is essential to collect the evidence you need to be successful in your claim for
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The Negotiation Phase
Most cases of injury aim to settle a case through negotiations. This process usually involves a exchange of back and between 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 settlements you would like to demand and then help in negotiations.
The amount of damage, which includes medical bills, lost wages and future losses, is an aspect that is constantly changing. Your injuries could worsen over time. This could lead to a rise in future losses or diminish the value of your current losses. Your lawyer will ensure that your damages are calculated based on your current injuries and the prognosis of the future recovery.
Insurance companies usually attempt to limit their payout by arguing against certain aspects of your claim. This could result in delays in settlement negotiations. However your lawyer has strategies to assist you in overcoming these obstacles and get the best possible result for your case. Negotiating an agreement may take months or years. Many factors affect how long settlement negotiations last, but knowing the length to expect can make the process easier and more efficient for you.
The Trial Phase
While the majority of cases involving injuries are resolved through settlement talks outside of the courtroom, your attorney could decide to bring your case to trial if an acceptable resolution is not reached. It is a stressful long, expensive and costly process. It also requires the jury to decide whether the defendant should be held accountable for your injuries and the amount you should be awarded. Your lawyer must thoroughly research your case to understand the circumstances surrounding your injury, the extent of damages, injuries,
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At this point, your attorney will call witnesses as well as experts to testify and present evidence of physical nature, such as documents, photos, and medical reports. This is known as the "case-in-chief" phase. The defense attorney will call witnesses to testify for argument against the plaintiff and argue that the plaintiff should not be entitled to damages. The judge or jury will then consider the evidence and arguments made by both parties.
The judge will then discuss the legal requirements which must be followed for the jury to find for the plaintiff and against the defendant. This is known as jury instruction. After that, both sides present their closing arguments. If the jury cannot agree on a final verdict, the judge will declare that the trial is an unconstitutional trial. If you're not satisfied with the result of the trial, there could be an appeal option.