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Injury Litigation

Legally, injured it is the process that allows you to recover compensation for your injuries and losses. Your injury lawyer will use strong evidence to prove your case, which includes eyewitness testimony from witnesses, medical records, defendant's statements, and expert witness opinions.

Your lawyer will begin the process of filing your lawsuit. Once the defendant has responded and the case is moved to an inquiry stage known as discovery.

The Complaint

Before the lawsuit can be filed, an injured person (plaintiff) must conduct pre-lawsuit discovery. This entails reviewing police accident reports, conducting informal discovery, injured and identifying potential liable parties and causes of action that may be brought against them.

After the plaintiff has completed this, they can submit a summons and a complaint. The complaint describes the harm caused by the defendant or his inaction. It usually includes a request to seek damages for injuries suffered by the victim, including medical bills, lost wages along with pain and suffering and other damages.

The defendant has 30 days to respond, also referred to as an answer. In this response, the defendant has the option to acknowledge or deny the allegations made in the complaint. They can also include an additional defendant, or file a counterclaim.

During the discovery phase, both sides will exchange relevant information about their positions and the evidence they have in the case. This process includes depositions (also known as interrogatories), written questions (also known as interrogatories) and requests for documents. This is usually the majority of the timeline for the lawsuit. If there are settlement options they will be made during this period. The case will then proceed to trial if there's no settlement. During this time your lawyer will explain your side to a jury or judge and the defendant will defend themselves.

The Discovery Phase

Discovery is a formal phase that permits you and your legal team to share information with the other party and gather evidence. This could include witness statements, specifics regarding your medical treatment, as well as proof of the damages you've suffered. Your attorney may also employ different tools during discovery to aid your case, such as interrogatories and requests for documents and depositions. Requests for documents are requests to provide all relevant documents that is within the respective parties' control. Interrogatories require written responses. Requests for admission are letters to the other party, asking for their admission to certain facts. This could save time and money since attorneys don't have to prove the facts during trial. Depositions are live, in-person interviews with witnesses. Your attorney can ask them questions about the incident under oath. Their answers will be recorded and transcribed.

Discovery can be an uncomfortable, lengthy and intrusive process, but it is necessary to gather the evidence you need to be successful in your claim for compensation. Your attorney will be in a position to discuss the details of the discovery process with you during your free consultation. For instance, if you try to hide a prior condition that your injury worsened it could be discovered during the discovery process and thrown out of your case.

The Negotiation Phase

The majority of injury cases seek to settle through negotiation. This process usually involves an exchange of back-and forth between your lawyer and that of the insurer of the responsible party. This may include informal conversations/correspondence (by phone, in meetings, by email) where the parties trade offers and counter-offers. Your lawyer can help determine the best number to ask for your settlement and then assist in negotiations.

The amount of damages, such as medical bills, lost wages, and future losses, is a factor that changes. The severity of your injuries could increase over time, which may increase your losses in the future and decrease the amount of your current losses. Your attorney will work to ensure that your damages are determined by the current state of your injuries and an accurate prediction of your future recovery.

A lot of times insurance companies attempt to limit the amount they pay for claims by arguing against some aspects of your case. This can result in a delay in settlement negotiations. However, your lawyer can provide strategies to assist you in overcoming these obstacles to get the best possible outcome for your case. Negotiating an agreement may take months or even years. Negotiations can last for months or even years based on many factors.

The Trial Phase

The majority of injury cases are settled outside of court through settlement negotiations. However, if there is no resolution your lawyer could decide to go to trial. This can be a stressful, expensive and time-consuming process. It also requires the jury to decide whether the defendant is accountable for your injuries and how much money you should receive. It is crucial for your lawyer to thoroughly investigate your case in this phase to fully comprehend how you were injured and the extent of your injuries, the damages and expenses.

At this stage, your attorney will call witnesses and experts to testify and provide evidence in the form of documents, photographs and medical reports. This is known as the "case-in-chief" phase. The defense attorney will then summon witnesses to testify and argue that the plaintiff should not be awarded damages. The judge or jury weighs the arguments and evidence of both parties.

The judge will explain to jurors the legal standards that must be adhered to in order to decide in favor of plaintiff or against defendant. This is known as jury instruction. Then, each side presents their closing arguments. If the jury is unable to reach a consensus and the judge decides to declare a mistrial. In some rare instances appeals might be available if you are not satisfied with the outcome of your trial.