Injury Litigation

The process of suing for injury is a legal process that allows you to get compensation for your injuries and losses. Your injury law firm lawyer (hop over to this site) will develop solid evidence in your case by utilizing eyewitness testimony, medical documents in the form of defendant statements, expert witness opinions.

Your lawyer will then start the lawsuit. After the defendant has reacted to your lawsuit, the case goes into the phase of fact-finding known as discovery.

The Complaint

Before a lawsuit can be filed, the injured person (plaintiff) must conduct pre-lawsuit discovery. This involves reading police accident reports, making informal discovery and identifying liable parties.

The plaintiff may then file a summons along with a complaint. The complaint details the damage caused by the defendant's action or his inaction. It usually includes a request to recover damages for injuries suffered by the victim, including medical bills, lost wages or income, as well as pain and other damages.

The defendant has 30 days to respond, also known as an answer. In this response, the defendant is able to admit or deny any claims made in the complaint. They may also add third party defendants or make an appeal.

During the discovery phase, both parties will exchange pertinent information about their positions and evidence. This phase includes depositions (also called interrogatories) and written questions (also known as interrogatories) as well as requests for documents. This process usually occupies the majority of the timeframe for a lawsuit. In this phase, if there are any settlement possibilities the possibility of settlement will be discussed. In the event that there is no settlement the case will go to trial. During this time the attorney will present your argument before a judge or a jury and the defendant will put on their defense.

The Discovery Phase

Discovery is a formal procedure that permits you and injury lawyer your legal team to share information with the other party and gather evidence. It could include witness statements and details about your medical treatment, and evidence of the losses you've suffered. Your attorney may also employ several tools in discovery to help your case, including interrogatories, requests for documentation and depositions. Interrogatories are written inquiries that require a written response and requests for documents involve requesting all relevant documentation under the control of each party. Requests for admission require the other side to admit certain facts. This can save time and money as attorneys do not need to prove these uncontested facts during trial. Depositions are live, in-person interviews with witnesses, during which your attorney can ask them questions about the incident under an oath. Their responses will be recorded and transcribing.

While discovery may appear to be a long, intrusive and uncomfortable process, it is a necessary step to gather the evidence required to win your injury claim. During your free consultation with your attorney, you will be able discuss the details of the discovery process. If you attempt to conceal an injury that has already been aggravated due to a medical condition that was already present the information could be found out during discovery and your case could be thrown out.

The Negotiation Phase

A settlement that is negotiated is the primary goal in most injury cases. 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 you wish to seek and assist with negotiations.

The amount of damages, which includes medical bills, lost wages and future losses, is a variable that is always changing. Your injuries could worsen 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 determined based upon your current injuries and the prognosis of the future recovery.

Insurance companies usually attempt to limit the amount they pay by disputing certain elements of your claim. This can result in delays in settlement negotiations. However your lawyer has strategies to assist you in overcoming these obstacles and achieve the best outcome for your case. In certain cases the process of negotiating an agreement can take months or even years. Negotiations can last for months or even years depending on various factors.

The Trial Phase

Most cases involving injuries are resolved outside of court through settlement negotiations. If the resolution isn't reached your lawyer could decide to proceed to trial. This is an expensive and time-consuming process that can be stressful. The jury also has to decide if the defendant should be responsible for your injuries, and how much money you are entitled to. Therefore, it is essential for your lawyer to conduct thorough research on your case at this point to fully comprehend the extent of your injuries and the extent of your injuries, the damages and costs.

At this point, your attorney 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 and argue for the reasons why the plaintiff should not be awarded damages. The jury or judge will then take into consideration the evidence and arguments presented by both parties.

The judge will then discuss the legal standards that must be met for the jury to rule in favor of the plaintiff and against the defendant. This is known as jury instruction. Each side then presents its closing arguments. If the jury cannot reach a decision then the judge declares a mistrial. In some cases appeals might be available if you're not satisfied with the result of your trial.