Injury litigation is a legal process by which you can claim compensation for your injuries and losses. Your injury lawyer will use strong evidence to support your case, such as eyewitness testimony, medical records in the form of statements from the defendant, as well as expert witness opinions.
Your lawyer will then start the lawsuit. After the defendant has replied 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 includes studying police accident reports, making informal discovery, and identifying potential at-fault parties.
The plaintiff may then file a summons with a complaint. The complaint outlines the harm caused by the defendant's actions or his inaction. It typically contains a request for compensation for medical expenses as well as lost income, pain and suffering, and other damages that result from their injury legal.
The defendant has 30 days to respond, referred to as an answer. In this response, the defendant has the option to admit or deny any claims made in the complaint. They can also add a third party defendant or file a counterclaim.
During the discovery phase, both sides will exchange pertinent information regarding their positions and the evidence in the case. This usually includes depositions, written questions (called interrogatories) and requests for documents. This usually accounts for injury Litigation the major portion of the litigation timeline. In this phase, if there are any settlement possibilities they will be discussed. The case will go to trial if there's no settlement. In this time, your attorney will tell your story to a jury or judge and the defendant will defend themselves.
The Discovery Phase
Discovery is a formal process that permits you and your legal team to exchange information with the other party and collect evidence. This can include witness testimony as well as details of your medical treatment, as well as proof of losses you have suffered. Your lawyer may also employ several tools during discovery to assist your case, such as interrogatories and requests for documents and Injury Litigation depositions. Requests for documents are requests to provide all relevant evidence that is within the respective parties' control. Interrogatories require written responses. Requests for admissions require the other party to acknowledge certain facts. This can save time and money as lawyers do not have to prove these uncontested facts at trial. Depositions are live interviews of witnesses where your attorney can interview them about the incident under oath, and have their answers recorded and transcribed by a court reporter.
Discovery can be an uncomfortable, lengthy and time-consuming process, however it is essential to collect the evidence you require to win your injury claim. During your consultation for free your attorney will be able discuss the specifics of the discovery process. If you try to hide an injury litigation that has already been aggravated 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
Reaching a negotiated settlement is the goal of most lawsuits involving injuries. This process usually involves a 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 you choose the appropriate number to ask for your settlement and then assist in negotiations.
One of the issues with the process of settling a claim for injury is that the amount you are owed which includes medical bills as well as lost income and future losses - can be a volatile factor. Your injuries could get worse over time. This could result in a rise in future losses or diminish the value of current losses. Your lawyer will ensure that your damages are determined based on the severity of your injuries and your prognosis for the future recovery.
Insurance companies usually attempt to limit their payout by arguing against certain aspects of your claim. This can prolong settlement negotiations, but your lawyer has strategies to help you navigate these obstacles and get the best possible outcome for your case. In certain cases negotiations to reach an agreement could be lengthy, sometimes even for years. Numerous factors influence the length of time settlement negotiations take, but knowing what to expect will make the process less stressful and more efficient for you.
The Trial Phase
While the majority of injuries cases are resolved through settlement negotiations, which are not in court, your lawyer may decide to bring your case to trial if a satisfactory solution is not reached. It is a stressful, expensive and time-consuming process. The jury also has to decide if the defendant should be held accountable for your injuries and what amount of compensation you are entitled to. Therefore, it is essential for your lawyer to conduct a thorough investigation of your case prior to the trial to fully understand how you were injured, the extent of your injuries, the damages and costs.
Your lawyer will now call witnesses as well as experts and present physical evidence, such as photos documents, documents, and medical reports. This is known as the "case-in-chief" phase. The defense attorney will summon witnesses to testify in rebuttal and argue that plaintiffs shouldn't be awarded damages. The jury or judge will then look at the evidence and arguments presented by both parties.
The judge will explain to the jury the legal requirements that must be met in order to decide in the favor of plaintiffs or against defendants. This is referred to as jury instruction. Each side then presents its closing arguments. If the jury fails to reach a consensus, the judge will declare a mistrial. If you are not happy with the outcome of your trial, there could be an appeal to be made.
