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Injury Litigation

Injury litigation is the legal process that allows you to collect compensation for your injuries and losses. Your injury attorney lawyer will develop strong evidence for your case including eyewitness testimony, medical records as well as statements of the defendant and expert witness opinions.

Your lawyer will then submit your lawsuit. After the defendant responds, the case enters an investigation stage, also known as discovery.

The Complaint

Before a lawsuit is filed, an injured party (plaintiff) must conduct pre-lawsuit discovery. This includes looking over police accident reports, making informal discovery and identifying possible at-fault parties.

Once the plaintiff has done this, they can file a summons and complaint. The complaint details the damages caused by the defendant's actions or his inaction. It typically contains a request for compensation for the victim's medical bills as well as lost income, suffering and pain, and other damages related to their injury.

The defendant has 30 days to respond, also known as an answer. In this response, the defendant may admit or deny any claims made in the complaint. They can also file an appeal or add a third-party defendant the suit.

During the discovery phase during the discovery phase, both sides will share pertinent information regarding their respective positions and evidence in the case. This phase includes depositions (also known as interrogatories), written questions (also known as interrogatories), as well as requests for documents. This usually accounts for the majority of the timeframe for a lawsuit. In this phase, if there are any settlement options the possibility of settlement will be discussed. The case will go to trial if there is no settlement. During this period, your attorney will explain your side of the story to a judge or jury and the defendant will put on their defense.

The Discovery Phase

The discovery phase is a formal procedure that allows your legal team and the at-fault party to exchange information and gather evidence. This may include witness statements, details regarding your medical treatment, and proof of the expenses that you have suffered. Your attorney can also use several different tools during discovery to help your case, such as interrogatories, requests for documents and depositions. Interrogatories are written queries which require a response in writing, while request for documents involve requesting all relevant documentation under the control of each party. Requests for admissions require the other side to admit certain facts. This can help save time and money because attorneys do not need to prove these uncontested facts at trial. Depositions are live recordings of witnesses, where the attorney can question them about the incident under oath. get their answers recorded and transcribed by a court reporter.

While it might seem like a long, intrusive and uncomfortable process however, it is an essential step to gather the evidence you need to win your injury case. Your attorney will be capable of discussing the details of the discovery process with you during your free consultation. For instance, if you attempt to conceal a preexisting condition that has caused your injury attorney to worsen or aggravated, the information could be discovered in the process of discovery and removed from your case.

The Negotiation Phase

A settlement that is negotiated is the main goal of many injury compensation cases. This process usually involves a exchange of back and forth between your lawyer and the insurer of the party who is responsible. 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 choose the appropriate number to demand for your settlement and assist in negotiations.

The amount of damages, such as medical bills, lost wages, Injury Litigation and future loss, is a factor that is constantly changing. Your injuries can get worse as time passes, which could increase your losses in the future and decrease the amount of your current losses. Your attorney will ensure that damages are determined based on the severity of your injuries and the likelihood of the future recovery.

Often insurance companies try to limit their payout for claims by arguing against specific elements of your case. This can delay settlement negotiations but your lawyer will have strategies to help you overcome these challenges and reach the best possible outcome for your case. In some cases negotiations to reach an agreement can be lengthy, sometimes even for years. Negotiations can take months or even a whole year based on a variety of factors.

The Trial Phase

While the majority of injuries cases are resolved by settlement negotiations outside of court, your lawyer may decide to take your case to trial if a fair resolution is not attainable. It is a stressful costly and time-consuming process. The jury also has to decide if the defendant should be held accountable for your injuries and what compensation you are entitled to. Your lawyer must thoroughly investigate your case in order to understand the circumstances of your injury, as well as the severity of damages, injuries, and costs.

At this moment, your lawyer will call witnesses as well as 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 summon witnesses to testify and argue that the plaintiff shouldn't be awarded damages. The judge or jury weighs the arguments and evidence of both sides.

The judge will then outline the legal requirements which must be followed for the jury to find in favor of the plaintiff and against the defendant. This is referred to as jury instruction. Each side then presents its closing arguments. If the jury fails to reach a consensus and the judge decides to declare a mistrial. In some rare cases an appeal could be available in the event that you are not satisfied with the result of your trial.