This Is The Ugly Truth About Injury Litigation

Injury Litigation

Injuries litigation is a legal process that allows you to get compensation for your injuries and losses. Your lawyer will use strong evidence to prove your case. This includes eyewitness testimony, medical records in the form of statements from the defendant, as well as expert witness opinions.

Your lawyer will bring 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 the lawsuit can be filed, an injured person (plaintiff) must conduct pre-lawsuit discovery. This includes reviewing police accident reports as well as conducting informal discovery and identifying parties that could be liable and the possible causes of action that may be asserted against them.

Once the plaintiff has done this, they are able to make a complaint and summons. The complaint is a formal declaration of the party that is being sued and describes the harm that was caused by the defendant's actions or inaction. It usually includes a request for compensation for medical bills, lost income, suffering and pain, as well as other damages resulting from their injury.

The defendant has 30 days to respond, also known as an answer. In this response, the defendant is able to accept or deny the allegations made in the complaint. They may also file an additional counterclaim or add a third-party defendant the suit.

During the discovery phase where both sides exchange pertinent information regarding their respective positions and evidence in the case. This process includes depositions (also called interrogatories) and written questions (also called interrogatories), as well as requests for documents. This usually takes up the majority of the timeline for the lawsuit. If there are settlement options that are available, they will be negotiated during this time. Otherwise the case will proceed to trial. During this time, your attorney will tell your side of the story to a jury or judge and the defendant will defend themselves.

The Discovery Phase

The discovery phase is a formal process that permits your legal team and the party at fault to exchange information and collect evidence. This can include witness statements, details about your medical treatment and proof of the losses you've incurred. Your lawyer may also employ different tools during discovery to assist your case, such as interrogatories, requests for documents and depositions. Interrogatories are written queries that require a response written while requests for documents involves requesting all relevant documents under the control of the parties. Requests for admission ask the other party to admit certain facts, which can save time and money as the attorneys don't have to prove these undisputed facts in court. Depositions are live interviews of witnesses where your attorney is able to inquire about the incident under oath, and have their answers recorded and translated by a court reporter.

Although it may seem like a lengthy unpleasant, time-consuming and uncomfortable process, it is a necessary step to gather the evidence you need to win your case. During your consultation for free the attorney will be able to explain the specifics of the discovery process. For instance, if try to hide a preexisting condition that has caused your injury lawyer to worsen, this information could be discovered during the discovery process and dismissed from your case.

The Negotiation Phase

Reaching a negotiated settlement is the aim of the majority of lawsuits involving injuries. The process of reaching this goal typically involves an exchange of information between your lawyer and the 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 determine the best number to demand for your settlement and assist in negotiations.

One of the issues with settlement of an injury claim is that the amount of your damages (including medical bills or lost income as well as future losses - is a dynamic factor. Your injuries can get worse over time. This could result in a rise in future loss or reduce the value of your current losses. Your attorney will work to ensure that your damages are determined by the current state of your injuries, and provide a full prognosis for future recovery.

Most often insurance companies try to limit their payouts for claims by challenging certain aspects of your case. This can delay settlement negotiations however, your lawyer has strategies to help you navigate these obstacles and get the best possible outcome for your case. Negotiating an agreement may take a long time or even years. There are many factors that affect how long settlement negotiations will be, but knowing what to expect will make the process less stressful and more efficient for you.

The Trial Phase

Although the majority of injury cases are resolved through settlement talks outside of the courtroom, your attorney could decide to bring your case to trial if an acceptable resolution is not attainable. This is an expensive lengthy, time-consuming and stressful procedure. The jury must also decide if you should be compensated for your injuries and in the event that they do, how much. Your lawyer should investigate your case to determine the circumstances surrounding your injuries, the amount of damages, injuries, injuries and costs.

Your attorney will now call witnesses and experts and present physical evidence, like photographs documents, medical reports. This is known as the case-in chief phase. The defense attorney will call witnesses to testify and argue that the plaintiff shouldn't be awarded damages. The judge or jury decides on the arguments and evidence of both sides.

The judge will then outline the legal requirements which must be followed for the jury to rule for the plaintiff and against the defendant. This is referred to as jury instruction. Afterwards, each side makes their closing arguments. If the jury cannot reach an agreement on a verdict, the judge will declare the trial a mistrial. If you're not satisfied with the result of your trial, there might be an appeal option.