injury claim litigation is a legal process that allows you to claim compensation for your injuries and losses. Your injury lawyer will use strong evidence to support your case. This includes eyewitness testimony, medical records as well as the statements of the defendant and expert witness opinions.
Your lawyer will then submit your lawsuit. Once the defendant has responded then the case goes to the discovery phase, which is a process of finding facts.
The Complaint
Before a lawsuit is filed, the injured person (plaintiff) must conduct a an investigation prior to the filing of a lawsuit. This involves reviewing the police accident reports, conducting informal discovery and identifying possible defendants.
Once the plaintiff has done this, they are able to submit a summons and a complaint. The complaint identifies the party who is being sued, and details the harm caused by the defendant's actions or inaction. It typically contains a request for compensation for medical bills as well as lost income, pain and suffering, and other damages resulting from their injuries.
The defendant has 30 days to respond, also referred to as an answer. In this response, the defendant has the option to acknowledge or deny the allegations made in the complaint. They can also file counterclaims or add a third-party defendant the suit.
During the discovery stage in the discovery stage, both parties exchange relevant information regarding their positions and Injury Litigation evidence. This involves depositions (also known as interrogatories) and written questions (also called interrogatories), as well as requests for documents. This usually accounts for the majority of the lawsuit timeline. In this phase, if there are any settlement options they will be discussed. Otherwise the case will proceed to trial. In this time your lawyer will present your side of the story to a jury or judge and the defendant will defend themselves.
The Discovery Phase
The discovery phase is a formal process that permits your legal team and the at-fault party to exchange information and collect evidence. This may include witness testimony as well as details of the treatment you received from your doctor, and evidence of losses you've suffered. Your attorney may also employ several tools during discovery to assist your case, such as interrogatories, requests for documents and depositions. Requests for documents are essentially requests to provide all relevant evidence that is under each party's control. Interrogatories require written responses. Requests for admission are written demands to the other party, asking them to accept certain facts. This could save time and money as the attorneys don't need to prove the facts in court. Depositions are live conversations with witnesses, during which your attorney can ask them questions regarding the incident under the oath. Their responses will be recorded and then transcribed.
Discovery may appear to be an uncomfortable, long and tedious process, but it is essential to gather the evidence required to be successful in your claim for compensation. During your consultation for free, Injury litigation your attorney will be able to discuss the details of the discovery process. If you try to hide an injury settlement that was already present and aggravated due to a preexisting medical condition This information could be found out during discovery and your case could be dismissed.
The Negotiation Phase
Negotiating a settlement is the goal of most injuries. The process of achieving this goal is usually an exchange of information 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 assist in deciding the amount of settlements you would like to request and assist with negotiations.
The amount of damage, which includes medical bills, lost wages and future losses, is a factor that is always changing. Your injuries could get worse over time. This could lead to a rise in future losses or reduce the value of your current losses. Your lawyer will ensure that your damages are based on the current state of your injuries as well as a full prognosis for future recovery.
Insurance companies usually try to limit their payout by challenging certain elements of your claim. This can prolong settlement negotiations but your lawyer will have strategies to help you overcome these obstacles and get the most favorable outcome for your case. Negotiating an agreement may take a long time or even years. Negotiations can last for several months or even years, depending on a variety of factors.
The Trial Phase
Most cases of injury attorney are resolved outside of court through settlement negotiations. However, if there is no resolution the lawyer could decide to bring the case to trial. This is a costly and time-consuming process that can be stressful. The jury also has to decide whether the defendant is accountable for your injuries and what amount of compensation you should be awarded. Therefore, it is essential for your lawyer to conduct a thorough investigation of your case at this stage to fully understand the extent of your injuries, the extent of your injuries, damages and costs.
Your attorney will then call witnesses and experts, and will present physical evidence, including photographs documents, medical reports. This is referred to as the case-in-chief phase. The defense attorney will then summon witnesses to testify in rebuttal and argue as to why the plaintiff shouldn't be awarded damages. The judge or jury will then review the evidence and arguments offered by both sides.
The judge will then outline the legal standards which must be followed for the jury to rule for the plaintiff and against the defendant. This is known as jury instruction. Each side then makes its closing arguments. If the jury cannot agree on a verdict the judge will declare the trial a mistrial. If you are not happy with the results of your trial, there might be an appeal available.
