Legally, it is the process that allows you to seek compensation for your injuries and losses. Your lawyer for injury law will make use of strong evidence to support 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 replied to the suit, it moves to the phase of fact-finding known as discovery.
The Complaint
Before filing a lawsuit the person who was injured (plaintiff) must conduct a pre-lawsuit investigations. This includes reviewing police accident reports, making informal discovery and identifying possible liable parties.
The plaintiff may then file an accusation and summons. The complaint details the damages caused by the defendant's or his actions. It typically contains a request for compensation for the victim's injuries, including medical bills as well as 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 allegations made in the complaint. They may also make an additional counterclaim or add a third party defendant to the suit.
During the discovery phase during the discovery phase, both sides will share relevant information about their respective positions and evidence in the case. This includes depositions (also known as interrogatories) as well as written questions (also called interrogatories), as well as requests for documents. This is typically the majority of the timeframe for Injury litigation a lawsuit. If settlement opportunities are available that are available, they will be negotiated during this time. In the event that there is no settlement the case will go to trial. During this time your lawyer will explain your side of the story before a judge or jury and the defendant will defend themselves.
The Discovery Phase
Discovery is a formal procedure that permits you and your legal team to share information with the other party and gather evidence. This can include witness statements, specifics regarding your medical treatment, and evidence of the losses that you have suffered. Your attorney can use several tools to assist you during discovery, including interrogatories as well as requests for documents. Requests for documentation are requests to provide all relevant documents that is under each party's control. Interrogatories require written responses. Requests for admission are written letters to the other party, asking for them to acknowledge certain facts. This could save time and money since attorneys do not need to prove the facts in court. Depositions are live, in-person interviews with witnesses, where your attorney can ask them questions about the incident under the oath. Their responses will be recorded and then transcribed.
Discovery may appear to be an uncomfortable, lengthy and invasive process, but it is essential to gather the evidence needed to be successful in your claim for compensation. Your lawyer will be capable of discussing the details of the discovery process in your free consultation. If you attempt to conceal an injury law that was already present and aggravated due to a medical condition that was already present, this information may be discovered during the process of discovery and your case could be thrown out.
The Negotiation Phase
The majority of cases involving injuries aim to reach a settlement through negotiations. The process to achieve 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 help you in deciding the amount of settlement that you want to seek and assist with negotiations.
The amount of damages, including medical bills, lost wages, and future losses, is a variable that is dynamic. The severity of your injuries could increase over time, which can increase your future losses, and reduce the amount of your current losses. Your injury lawyer will ensure that your damages are determined based on your current injuries and your prognosis for the future recovery.
Insurance companies usually try to limit their payout by arguing about certain aspects of your claim. This can lead to a delay in settlement negotiations. However, your lawyer can provide strategies to help you overcome these obstacles and achieve the best possible outcome for your case. The process of negotiating an agreement can take months or even years. Numerous factors influence the length of time settlement negotiations take, but knowing what to expect can make the process less stressful and more effective for you.
The Trial Phase
Although the majority of injury lawyer cases are resolved through settlement negotiations outside of court, your lawyer may choose to take your case to trial if an acceptable solution is not reached. It is a stressful lengthy, costly and expensive procedure. The jury also has to decide whether the defendant should be held accountable for your injuries, and the amount you are entitled to. Your lawyer should thoroughly investigate your case to understand the circumstances surrounding your injuries, the amount of damages, injuries, and the costs.
Your lawyer will now call witnesses and experts and present physical evidence, like photographs, documents, and medical reports. This is the "case-in-chief" phase. The defense attorney will summon witnesses to testify for argument against the plaintiff, and argue that plaintiffs shouldn't be awarded damages. The jury or judge will then look at the evidence and arguments offered by both parties.
The judge will explain to the jury the legal requirements which must be met in order for them to decide 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 on a verdict, the judge will declare a mistrial. In some rare cases appeals might be available in the event that you are not satisfied with the outcome of your trial.
