Injuries litigation is the legal procedure which allows you to claim compensation for your injuries and losses. Your lawyer will use strong evidence to prove your case. This includes eyewitness testimony, medical documents as well as the statements of the defendant and expert witness opinions.
Your lawyer will then submit your lawsuit. After the defendant has responded, the case moves into the stage of fact-finding, which is known as discovery.
The Complaint
Before a lawsuit can be filed, the injured party (plaintiff) must conduct pre-lawsuit discovery. This involves reading police accident reports, making informal discovery, and identifying potential defendants.
Once the plaintiff has done this, they are able to start a summons as well as a complaint. The complaint identifies the party who is being sued and describes the harm that was caused by the defendant's actions or inaction. It typically includes a demand for damages for injuries suffered by the victim, including medical bills and lost wages or income, as well as pain and other damages.
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 can also add a third party defendant or file counterclaims.
During the discovery phase in the discovery phase, both sides will exchange pertinent information regarding their positions and the evidence they have in the case. This typically involves depositions written questions (called interrogatories), and requests for documents. This process usually occupies the majority of the timeline for an action. If there are settlement options that are available, they will be negotiated during this time. If not the case will proceed to trial. During this period your lawyer will give your side of the story before a judge or a jury 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 gather evidence. This can include witness testimony or details of the treatment you received from your doctor, and proof of losses you have suffered. Your attorney may use a variety tools to assist you during discovery, such as interrogatories and requests for documents. Interrogatories are written inquiries that require a response written while requests for documents requires the submission of all relevant documentation that is under the control of the parties. Requests for admission are letters to the other party asking them to admit certain facts. This will save time and money as the attorneys don't have to prove their case in court. Depositions are live conversations with witnesses, where your attorney can ask them questions about the incident under oath. Their answers will be recorded and transcribing.
Discovery can be an uncomfortable, long and tedious process, but it's necessary to collect the evidence you require to win your injury lawyer claim. During your consultation for free with your attorney, you will be able discuss the specifics of the discovery process. For instance, if you attempt to conceal a preexisting condition that has aggravated your injury attorneys and this information is discovered in the process of discovery and dismissed from your case.
The Negotiation Phase
Negotiating a injury settlement is the goal of most injuries. The process for achieving this goal usually involves 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 injury lawyer can help determine the best number to demand your settlement and can then assist in negotiations.
The amount of damage, which includes medical bills, lost wages and future losses, is a factor that is dynamic. Your injuries can get worse over time, which can increase your future losses, and reduce the value of your current losses. Your attorney will work to ensure that your damages are based on the current state of your injuries and an accurate prediction of your future recovery.
A lot of times, insurance companies are trying to limit the amount they pay for claims by arguing against some elements of your case. This could result in delays in settlement negotiations. However, your lawyer has strategies to assist you in overcoming these obstacles to get the best possible outcome for your case. In certain cases the process of negotiating an agreement could be lengthy, sometimes even for years. Negotiations can last for months or Injury litigation even years based on many factors.
The Trial Phase
The majority of injury lawyers cases are resolved without court through settlement negotiations. If the resolution isn't reached the lawyer could decide to go to trial. This is an expensive lengthy and time-consuming procedure that can be stressful. The jury will also have to decide if you should be paid for your injuries and should they, if so, in what amount. Your lawyer should investigate your case to discover the circumstances of your injuries, the amount of the injuries, damages and costs.
At this point, your attorney will call witnesses as well as experts to testify and present evidence of physical nature, such as photographs, Injury litigation documents and medical reports. This is the "case-in-chief" phase. The defense attorney will summon witnesses to testify and argue why the plaintiff shouldn't be awarded damages. The judge or jury will then review the evidence and arguments put forward by both parties.
The judge will explain to jurors the legal standards that must be met in order for them to make a decision in favor of plaintiff or against defendant. This is called jury instruction. Each side then gives its closing arguments. If the jury is unable to agree on a verdict and the judge declares a mistrial. If you are not happy with the results of your trial, there may be an appeal option.
