Legally, it is a process that allows you to seek compensation for your losses and Injury Litigation losses. Your injury attorney lawyer will use strong evidence to support your case, including eyewitness testimony, medical records defense counsel's statements, defendant's testimony, and expert witness opinions.
Your lawyer will start the lawsuit. Once the defendant has responded to the lawsuit, the case moves to the discovery phase, which is a process of finding facts.
The Complaint
Before a lawsuit can be filed, the injured person (plaintiff) must conduct pre-lawsuit discovery. This entails reviewing police accident reports, conducting informal discovery, and identifying any potentially liable parties and the possible legal remedies that can be brought against them.
The plaintiff can then file a summons with a complaint. The complaint details the damages caused by the defendant's actions or his inaction. It usually includes a request to recover damages for the victim's injuries including medical bills as well as lost wages as well as pain and suffering, among other damages.
The defendant has 30 days to respond, also known as an answer. In this response, Injury Litigation the defendant is able to acknowledge or deny the allegations made in the complaint. They can also include an additional defendant from a third party or file an appeal.
During the discovery phase, both sides will exchange relevant information about their respective positions and evidence in the case. This process includes depositions (also called interrogatories) and written questions (also known as interrogatories), as well as requests for documents. This is usually the majority of the timeline for the lawsuit. If there are settlement opportunities that are available, they will be negotiated during this period. Otherwise, the case will progress to trial. During this time, your attorney will provide your case 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 could include witness statements, specifics about your medical treatment and proof of the expenses you have incurred. Your lawyer may also employ several different tools in discovery to help your case, including interrogatories, requests for documentation and depositions. Interrogatories are written queries that require a written answer as well as requests for documents involves requesting all relevant documentation that is under the control of the parties. Requests for admission are letters to the other party, asking for them to acknowledge certain facts. This could save time and money as the attorneys do not need to prove their claims during trial. Depositions are live, in-person interviews with witnesses. During these interviews, your attorney can ask them questions about the incident under an oath. Their responses will be recorded and then transcribed.
Discovery may appear to be an uncomfortable, lengthy and tedious process, but it's necessary to collect the evidence required to prove your injury attorneys claim. Your attorney will be able to discuss the specifics of the discovery process in your free consultation. For example, if you try to hide a preexisting condition that your injury case worsened it could be discovered in the process of discovery and then thrown out of your case.
The Negotiation Phase
Reaching a negotiated settlement is the primary goal in most lawsuits involving injuries. This process usually involves a exchange of back and forth between your lawyer and the responsible party's insurer. 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 determine the best number to ask for your settlement and can then assist in negotiations.
One of the challenges of settlement of an injury litigation claim is that the amount of your damages - including your medical bills as well as lost income and future losses - is a constantly changing factor. The severity of your injuries could increase as time passes, which could increase your future losses, and reduce the value of your current losses. Your attorney will ensure that damages are determined based on the severity of your injuries as well as the probability of the future recovery.
In many cases, insurance companies are trying to limit their payout for claims by arguing against some aspects of your case. This could result in a delay in settlement negotiations. However your lawyer will have strategies that will help you overcome these obstacles to get the best possible outcome for your case. In some instances, the process of negotiating an agreement can be lengthy, sometimes even for years. Many factors affect the length of time that settlement negotiations last, but understanding what to expect can make the process less stressful and more effective for you.
The Trial Phase
Although the majority of injury legal cases are resolved through settlement negotiations outside of the courtroom, your attorney might decide to take your case to trial if an acceptable resolution is not reached. This is a stressful costly and time-consuming process. The jury also has to decide whether the defendant is accountable for your injuries, and how much money you will receive. It is therefore important for your lawyer to thoroughly investigate your case prior to the trial to fully comprehend the nature of your injuries and the severity of your injuries, damages and expenses.
At this point, your lawyer will call witnesses and experts to testify and provide evidence physical such as documents, photographs, and medical reports. This is known as the case-in-chief phase. The defense attorney will call witnesses to testify in rebuttal and argue as to why the plaintiff shouldn't be awarded damages. The jury or judge decides on the arguments and evidence of both sides.
The judge will then discuss the legal requirements which must be followed for the jury to come up with a verdict for the plaintiff and against the defendant. This is known as jury instruction. Each side then presents its closing arguments. If the jury is not able to agree on a verdict the judge will declare that the trial is an unconstitutional trial. If you are not happy with the outcome of your trial, there may be an appeal available.
