Injury Litigation
Legally, it is a procedure that allows you to seek compensation for your losses and losses. Your
injury attorney will build solid evidence for your case, including eyewitness testimony, medical documents as well as statements of the defendant and expert witness opinions.
Your lawyer will then begin to file your lawsuit. Once the defendant has responded to the lawsuit, the case will move into a stage of fact-finding called discovery.
The Complaint
Before a lawsuit can be filed, the injured person (plaintiff) must conduct pre-lawsuit discovery. This entails reviewing police accident reports and conducting informal discovery and identifying any potentially liable parties and possible legal remedies that can be brought against them.
After the plaintiff has completed this, they are able to file a summons and complaint. The complaint identifies who is the party that is being sued and exposes the harm caused by the defendant's conduct or inaction. It typically contains a request for compensation for the victim's medical bills as well as lost income, suffering and pain, and other damages arising from their injury.
The defendant has 30 days to respond, which is also referred to as an answer. In this response, the defendant can admit or deny any allegations made in the complaint. They may also make an appeal or include a third-party defendant in the suit.
During the discovery stage in the discovery stage, both parties exchange pertinent information about their positions and the evidence. This process includes depositions (also called interrogatories), written questions (also known as interrogatories), as well as requests for documents. This is typically the majority of the lawsuit timeline. If there are any settlement options they will be discussed. The case will go to trial if there's no settlement. 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 permits your legal team and the at-fault party to exchange information and gather evidence. This can include witness statements, information regarding your medical treatment, as well as proof of the damages you've incurred. Your attorney will have access to a variety of tools to help you during discovery, including interrogatories and requests for documents. Interrogatories are written inquiries which require a response in writing while requests for documents require the submission of all relevant documents under the control of the parties. Requests for admissions require the other party to admit certain facts. This could reduce time and cost since the attorneys don't have to prove these facts during trial. Depositions are live interviews of witnesses where your attorney can inquire about the incident under oath and get their answers recorded and translated by a court reporter.
Discovery may appear to be an uncomfortable, lengthy and invasive process, but it's necessary to collect the evidence required to prove your
injury claim. Your attorney will be capable of discussing the details of the discovery process with you during your complimentary consultation. If you attempt to conceal an injury that is preexisting and has gotten worse due to a preexisting medical condition the information could be found out during discovery and your case could be thrown out.
The Negotiation Phase
Reaching a negotiated settlement is the main goal of many injury cases. The process of reaching this goal typically involves an exchange of information between your lawyer and the 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 in deciding on the amount of settlements you would like to demand and then help in negotiations.
One of the issues with the process of settling an injury case is that the amount of your damages (including medical bills, lost income, and future losses - is a constantly changing factor. Your injuries may get worse over time. This could lead to a rise in future losses or diminish the value of your current losses. Your attorney will ensure that damages are calculated based on your current injuries and the likelihood of future recovery.
Often insurance companies try to limit the amount they pay for claims by challenging certain aspects of your case. This can delay settlement negotiations but your lawyer will have strategies to help you navigate these challenges and reach the most favorable outcome for your case. In some instances, the process of negotiating an agreement can be a long process that can take months or even years. Many factors affect how long settlement negotiations will be, but knowing what to expect can make the process less stressful and more efficient for you.
The Trial Phase
Most injury cases are resolved without court through settlement negotiations. However, if a resolution is not reached the lawyer could decide to take the case to trial. This can be a costly and time-consuming process that can be stressful. It also requires the jury to decide if the defendant should be held liable for your injuries and how much money you should receive. It is crucial for your lawyer to thoroughly investigate your case at this stage to fully understand how you were injured and the extent of your injuries, damages and expenses.
Your attorney will then call witnesses and experts, and will present physical evidence, including photographs or documents as well as medical reports. This is known as the case-in chief phase. The defense attorney will call witnesses to testify as a counter argument and argue that the plaintiff should not receive damages. The jury or judge decides on the evidence and
injury attorney arguments of both sides.
The judge will explain to the jury the legal requirements which must be met in order to make a decision in favor of the plaintiff or against the defendant. This is referred to as jury instruction. Each side will then present its closing arguments. If the jury is unable reach a consensus then the judge declares a mistrial. If you are not happy with the result of your trial, there may be an appeal option.