공지사항

Injury Litigation

Injuries litigation is a legal procedure through which you can get compensation for your injuries and losses. Your injury lawyer will use strong evidence to prove your case, which includes eyewitness testimony, medical records as well as the statements of the defendant and expert witness opinions.

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

The Complaint

Before a lawsuit is filed the person who was injured (plaintiff), must conduct an investigation prior to the filing of a lawsuit. This involves reading police accident reports, conducting informal discovery, and identifying potential at-fault parties.

After the plaintiff has completed this, they are able to submit a summons and a complaint. The complaint identifies who is the party who is being sued, and details the harm caused by the defendant's actions or lack thereof. It typically includes a demand to seek damages for injuries suffered by the victim, 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 referred to as an answer. In this response, the defendant has the option to admit or deny any allegations made in the complaint. They can also file an additional counterclaim or add a third party defendant to the suit.

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 usually includes depositions, written questions (called interrogatories), and requests for documents. This is usually the majority of the timeframe for a lawsuit. In this stage, if there are settlement opportunities, these will be discussed. If not the case will proceed to trial. During this time your lawyer will present your side of the tale before a judge or jury and Injuries the defendant will defend themselves.

The Discovery Phase

The discovery phase is a formal process that permits your legal team and the at-fault party to exchange information and collect evidence. This can include witness statements, information about your medical treatment and evidence of the losses you have incurred. Your attorney may also employ several tools during discovery to assist your case, including interrogatories, documents requests and depositions. Requests for documents are the requests to provide all relevant evidence which is within each party's control. Interrogatories require written responses. Requests for admissions ask the other side to admit certain facts. This can help save time and money because the attorneys don't have to prove these facts at trial. Depositions are live interviews of witnesses in which your attorney can question them about the incident under oath and have their answers recorded, and then transcribed by a court reporter.

Discovery may seem like an uncomfortable, lengthy and time-consuming process, however it is necessary to gather the evidence you need to win your injury attorneys claim. During your consultation for free, your attorney will be able discuss the details of the discovery process. If you attempt to conceal an injury that was already present and aggravated due to a medical condition that was already present This information could be found out during discovery and your case could be thrown out.

The Negotiation Phase

The negotiation of a settlement is the goal of most injury cases. 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 lawyer can help choose the appropriate number to demand for your settlement and then assist in negotiations.

The amount of damages, which includes medical bills, lost wages and future losses, is a variable that changes. Your injuries can get worse over time. This could increase future losses or reduce the value of current losses. Your lawyer will ensure that your damages are determined based on your current injuries and the prognosis of the future recovery.

Insurance companies typically try to limit their payout by arguing against certain aspects of your claim. This could lead to a delay in settlement negotiations. However, your lawyer has strategies to help you overcome these obstacles and achieve the best outcome for your case. In some instances, the process of negotiating an agreement could be lengthy, sometimes even for injuries years. Numerous factors influence the length of time that settlement negotiations take, but knowing what to expect will make the process easier and more efficient for you.

The Trial Phase

Most injury cases are resolved outside of court through settlement negotiations. However, if an agreement is not reached your lawyer could decide to take the case to trial. This is an expensive, time-consuming and stressful process. The jury must also decide if you should be compensated for your injuries and, should they, if so, in what amount. Your lawyer should thoroughly investigate your case to discover the circumstances of your injuries, the severity of injuries, damages, and the costs.

At this point, your attorney will summon witnesses as well as experts to testify and provide evidence in the form of documents, photos, and medical reports. This is known as the "case-in-chief" phase. The defense attorney will summon witnesses to testify as a counter argument and argue that plaintiffs should not be awarded damages. The judge or jury evaluates the arguments and evidence of both sides.

The judge will then go over the legal requirements to be met in order for the jury to rule for the plaintiff and against the defendant. This is known as jury instruction. Afterwards, each side makes their closing arguments. If the jury is unable to agree on a verdict the judge will declare that the trial a mistrial. If you're not satisfied with the results of your trial, there might be a right to appeal.