10 Reasons You'll Need To Learn About Injury Litigation
Injury Litigation
Injuries litigation is the legal process which allows you to claim compensation for your losses and injuries. Your lawyer will use strong evidence to support your case, including eyewitness testimony, medical documents, defendant's statements, and expert witness opinions.
Your lawyer will bring your lawsuit. Once the defendant has responded and the case is moved to an investigation stage, also known as discovery.
The Complaint
Before filing a lawsuit the person who suffered the injury (plaintiff), must conduct pre-lawsuit investigation. This includes reviewing police accident reports as well as conducting informal discovery and identifying potential liable parties and available causes of action that can be asserted against them.
Once the plaintiff has done this, they are able to file a summons and complaint. The complaint is a formal declaration of the party who is being sued, and details the harm caused by the defendant's conduct or inaction. It typically contains a request for compensation for the victim's injuries including medical bills loss of wages along with pain and suffering 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 allegations made in the complaint. They may also add third party defendants or file an appeal.
During the discovery phase the parties will exchange relevant information regarding their positions and the evidence. This includes depositions (also called interrogatories), written questions (also called interrogatories) and requests for documents. This phase usually takes up most of the time for the lawsuit. If settlement opportunities are available these will occur during this time. Otherwise the case will proceed to trial. In this time your lawyer will present your side of the story before a judge or jury and the defendant will defend themselves.
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 testimony and details about your medical treatment, as well as evidence of losses you've suffered. Your attorney can utilize a variety of tools to aid you in discovery, including interrogatories and requests for documents. Interrogatories are written questions that require a written response while requests for documents involves requesting all relevant documentation under the control of each party. Requests for admissions ask the other party to accept certain facts. This could save time and money since lawyers do not have to prove these undisputed facts in court. Depositions are live conversations with witnesses. During these interviews, your attorney can ask them questions regarding the incident while under the oath. Their responses will be recorded and transcribing.
Discovery may seem like an uncomfortable, lengthy and intrusive process, but it is essential to collect the evidence you need to be successful in your claim for compensation. During your free consultation, your attorney will be able to discuss the details of the discovery process. For example, if you try to hide a prior condition that has aggravated your injury and this information is discovered during the discovery process and removed from your case.
The Negotiation Phase
Negotiating a settlement is the main goal of many lawsuits involving injuries. The process to achieve this goal typically involves a back-and-forth exchange 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 assist you decide on the number you want to request for your settlement, and then assist in negotiations.
The amount of damage, which includes medical bills, lost wages, and future losses, is a variable that is dynamic. Your injuries may get worse over time. This could lead to a rise in future losses or diminish the value of current losses. Your lawyer will ensure that your damages are dependent on the current condition of your injuries as well as a full prognosis for future recovery.
Often insurance companies try to limit their payouts for claims by arguing against certain aspects of your case. This can cause delays in settlement negotiations however, your lawyer has strategies to help you navigate these difficulties and achieve the best possible outcome for your case. In some cases the process of negotiating an agreement can take months or even years. Many factors affect how long settlement negotiations will last, but understanding what to expect will make the process less stressful and more effective for you.
The Trial Phase
While the majority of injuries cases are resolved by settlement negotiations outside of court, your attorney may decide to bring your case to trial if a satisfactory solution is not reached. injury lawyer high point is a costly and time-consuming process that can be stressful. The jury will also have to decide if you should be compensated for your injuries and, should they, if so, in what amount. Your lawyer should investigate your case in order to understand the circumstances surrounding your injury, as well as the severity of the injuries, damages and costs.
At this point, your attorney will summon witnesses and experts to testify. They will also provide evidence in the form of documents, photos, and medical reports. This is known as the "case-in-chief" phase. The defense attorney will then call witnesses to testify in rebuttal and argue as to why the plaintiff shouldn't be awarded damages. The judge or jury then evaluates the evidence and arguments of both parties.
The judge will then outline the legal standards that must be met in order for the jury to rule for the plaintiff and against the defendant. This is referred to as jury instruction. Each side then makes its closing arguments. If the jury is unable to agree on a verdict the judge will declare that the trial an unconstitutional trial. If you're not satisfied with the result of your trial, there could be a right to appeal.