Injury Litigation
Injury litigation is a legal procedure that allows you to claim compensation for your injuries and losses. The lawyer representing you will utilize strong evidence to prove your case, such as eyewitness testimony, medical records, defendant's statements, and expert witness opinions.
Your lawyer will begin the process of filing your lawsuit. Once the defendant has responded to the suit, it moves to the stage of fact-finding, which is known as discovery.
The Complaint
Before filing a lawsuit, the injured person (plaintiff), must conduct pre-lawsuit investigations. This includes reviewing accident reports, conducting informal discovery, and identifying any potentially liable parties and available causes of action that could be asserted against them.
Once the plaintiff has done this, they can submit a summons and a complaint. The complaint identifies who is the party that is being sued and exposes the harm caused by the defendant's conduct or lack thereof. It typically includes a request for compensation for the victim's medical bills loss of income, suffering and other damages resulting from their injury.
The defendant has 30 days to respond, also known as an answer. In this response, the defendant may accept or deny the allegations made in the complaint. They can also file counterclaims or add a third-party defendant to the suit.
During the discovery phase, both sides will exchange pertinent information regarding their positions and evidence in the case. This involves depositions (also called interrogatories) as well as written questions (also known as interrogatories) and requests for documents. This is typically the majority of the lawsuit timeline. If there are any settlement possibilities, these will be discussed. The case will then go to trial if there's no settlement. During this time your attorney will be able to provide your case to a jury or judge and the defendant will put on their defense.
The Discovery Phase
Discovery is a formal procedure that allows you and your legal team to share information with the other party and collect evidence. This could include witness testimony, details of the treatment you received from your doctor, and proof of losses you have suffered. Your attorney can also use several different tools during discovery to assist your case, including interrogatories, documents requests and depositions. Interrogatories are written queries that require a written answer while requests for documents requires the submission of all relevant documents that fall under the control of each party. Requests for admissions require the other side to admit certain facts. This can save time and money since attorneys do not need to prove these facts during trial. Depositions are live conversations with witnesses in which your attorney can inquire about the incident under oath and get their answers recorded, and then transcribed by a court reporter.
While it might seem like a long process that is invasive, uncomfortable and tedious but it's a crucial step to gather the evidence needed for winning your injury case. During your consultation for free with your attorney, you will be able to discuss the specifics of the discovery process. If you try to hide an injury that was already present and aggravated due to a preexisting medical condition This information could be found out during discovery and your case could be dismissed.
The Negotiation Phase
The majority of injury cases seek to settle the case through negotiation. This usually involves a back and 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 assist in determining the amount of settlements you wish to request and assist with negotiations.
One of the challenges of settlement of an injury claim is that the amount you are owed including medical expenses loss of income, future losses - is an evolving factor. Your injuries could worsen over time. This could cause further losses or decrease the value of your current losses. Your lawyer will ensure that damages are calculated based on your current injuries and the likelihood of the future recovery.
Insurance companies usually try to limit their payout by arguing about certain aspects of your claim. This can result in delay in settlement negotiations. However your lawyer has strategies to assist you in overcoming these obstacles to get the best possible outcome for your case. Negotiating an agreement can sometimes take months or even years. Negotiations can last for several months or even years, depending on a variety of factors.
The Trial Phase
Most injury cases are resolved without court through settlement negotiations. However, if an agreement is not reached, your lawyer may decide to take the case to trial. This can be a costly, time-consuming and stressful process. injury lawsuit lakewood has to decide whether the defendant is held accountable for your injuries and what amount of compensation you should be awarded. Your lawyer should investigate your case to understand the circumstances of your injury, the extent of injuries, damages, and costs.
Your attorney will then call witnesses and experts and present physical evidence, including photographs documents, medical reports. This is the "case-in-chief" phase. The defense attorney will call witnesses to testify in rebuttal and argue why the plaintiff should not be awarded damages. The jury or judge decides on the evidence and arguments of both parties.
The judge will then outline the legal requirements to be met in order for the jury to come up with a verdict 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 reach a consensus on a verdict then the judge declares a mistrial. If you're not satisfied with the outcome of the trial, there could be an appeal option.