Injury Litigation
Legally, it is the procedure that allows you to recover compensation for your losses and injuries. Your
injury attorney will build solid evidence in your case by utilizing eyewitness testimony as well as statements of the defendant and expert witness opinions.
Your lawyer will start the lawsuit. Once the defendant has responded, the case enters an inquiry stage known as discovery.
The Complaint
Before a lawsuit is filed the person who has been injured (plaintiff) must conduct a pre-lawsuit investigation. This includes reviewing accident reports as well as conducting informal discovery and identifying potential liable parties and the possible causes of action that can be argued against them.
After the plaintiff has completed this, they can make a complaint and summons. The complaint identifies who is the party who is being sued and describes the harm caused by the defendant's conduct or inaction. It typically contains a request to seek damages for injuries suffered by the victim, including medical bills, lost wages, pain and suffering and other damages.
The defendant has 30 days to respond, referred to as an answer. In this response, the defendant can admit or deny any claims made in the complaint. They may also add third party defendants or file counterclaims.
During the discovery stage the parties will exchange pertinent information about their positions and evidence. This process includes depositions (also called interrogatories),
injury attorney written questions (also known as interrogatories) as well as requests for documents. This is usually the majority of the timeline for an action. During this phase, if there are any settlement possibilities, these will be discussed. The case will then go to trial if there's no settlement. During this period the attorney will present your story before a judge or jury and the defendant will defend themselves.
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. It could include witness statements, details of your medical treatment, and evidence of losses you've suffered. Your lawyer can also make use of various tools in discovery to help your case, such as interrogatories and requests for documents and depositions. Interrogatories are written inquiries which require a response in writing as well as requests for documents involves requesting all relevant documents under the control of the parties. Requests for admission are written requests to the other side asking them to admit certain facts. This can save time and money as the attorneys don't need to prove their claims at trial. Depositions are live interviews of witnesses where your attorney can inquire about the incident under oath. have their answers recorded, and then transcribed by a court reporter.
While it might appear to be a long process that is invasive, uncomfortable and tedious however, it is an essential step to gather the evidence required for winning your injury case. During your free consultation, your attorney will be able to explain the details of the discovery process. If you attempt to conceal a preexisting
injury attorneys that worsened due to a medical condition that was already present The information could be discovered during discovery and your case could be dismissed.
The Negotiation Phase
The negotiation of a settlement is the goal of most lawsuits involving injuries. The process to achieve this goal usually involves a back-and-forth exchange 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 help you decide on a number to request for your settlement and can then assist in negotiations.
One of the biggest challenges in settlement of an injury claim is that the amount of your damages (including medical bills, lost income, and future losses - is an evolving factor. Your injuries may get worse over time. This could increase future losses or reduce the value of current losses. Your lawyer will ensure that damages are calculated based on your current injuries and the prognosis of the future recovery.
Insurance companies typically try to limit their payout by challenging certain elements of your claim. This can cause delays in settlement negotiations however, your lawyer has strategies to help you overcome these obstacles and get the best possible outcome for your case. Negotiating a settlement 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 can make the process less stressful and more efficient for you.
The Trial Phase
Most cases involving injuries are resolved without court through settlement negotiations. If there is no resolution your lawyer might decide to bring the case to trial. This is a stressful long, expensive and costly procedure. It also requires the jury to decide whether the defendant is responsible for your injuries, and how much money you are entitled to. Your lawyer should thoroughly investigate your case to determine the circumstances surrounding your injuries, the severity of injuries, damages, and the costs.
At this point, your lawyer will summon witnesses as well as experts to testify and present physical evidence such as documents, photos, and medical reports. This is referred to as the case-in-chief phase. The defense attorney will call witnesses to testify and argue as to why the plaintiff shouldn't be awarded damages. The jury or judge will then look at the evidence and arguments made by both parties.
The judge will explain to the jury the legal requirements that must be followed in order to make a decision in favor of plaintiffs or against defendants. This is referred to as jury instruction. After that, both sides present their closing arguments. If the jury is unable to reach a decision, the judge will declare a mistrial. If you're not satisfied with the result of your trial, there may be an appeal available.