7 Small Changes You Can Make That'll Make The Difference With Your Injury Litigation
Injury Litigation
Legally, it is the process that allows you to collect compensation for your losses and injuries. Your injury lawyer will develop strong evidence for your case, including eyewitness testimony, medical documentation as well as statements of the defendant and expert witness opinions.
Your lawyer will begin the process of filing your lawsuit. After the defendant has responded, the case moves into the stage of fact-finding, which is known as discovery.
The Complaint
Before filing a lawsuit the person who was injured (plaintiff) must conduct a an investigation prior to filing a lawsuit. This includes reading police accident reports, conducting informal discovery and identifying possible responsible parties.
Once the plaintiff has done this, they can submit a summons and a complaint. The complaint outlines the harm caused by the defendant or his actions. It typically includes a demand to seek damages for injuries suffered by the victim, including medical bills loss of wages along with pain and suffering and other damages.
The defendant then has 30 days to file a response or answer or answer, in which they accept or deny the allegations in the complaint. They can also include third party defendants or file counterclaims.
During the discovery stage in the discovery stage, both parties exchange relevant information regarding their positions and the evidence. This typically includes depositions, written questions (called interrogatories) and requests for documents. This is typically the majority of the timeframe for a lawsuit. If there are any settlement opportunities that are discussed, they will be discussed. If not the case will proceed to trial. During this period, your attorney will give your side of the story to a jury or judge and the defendant will take on their defense.
The Discovery Phase
The discovery phase is a formal process that permits your legal team and the at-fault party to exchange information and gather evidence. This could include witness statements, information about your medical treatment and proof of the expenses you've incurred. Your lawyer can also make use of various tools in discovery to help your case, including interrogatories, requests for documents and depositions. Requests for documentation are requests to provide all relevant evidence that is within the respective parties' control. Interrogatories require written responses. Requests for admission are written requests to the other party asking them to admit certain facts. This can cut down on time and cost as the attorneys do not need to prove the facts at trial. Depositions are live interviews with witnesses, during which your attorney can ask them questions regarding the incident under an oath. Their answers will be recorded and transcribing.
Discovery may appear to be an uncomfortable, lengthy and intrusive process, but it's necessary to collect the evidence needed to be successful in your claim for compensation. Your attorney will be able to discuss the specifics of the discovery process with you during your no-cost consultation. For instance, if attempt to conceal a preexisting condition that has aggravated your injury it could be discovered in the process of discovery and removed from your case.
The Negotiation Phase
Most cases of injury aim to settle a case through negotiations. The process of achieving this goal typically 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 assist you in determining the amount of settlements you wish to negotiate and help in negotiations.
The amount of damages, including medical bills, lost wages and future losses, is a factor that is always changing. Your injuries can get worse as time passes, which could increase your losses in the future and decrease the amount of your current losses. Your attorney will work to ensure that your damages are dependent on the current condition of your injuries and an accurate prognosis for your future recovery.
In many cases, insurance companies are trying to limit their payout for claims by arguing against some elements of your case. This could lead to a delay in settlement negotiations. However, your lawyer has strategies to assist you in overcoming these obstacles and achieve the best possible result for your case. The process of negotiating an agreement can take a long time or even years. There are many factors that affect how long settlement negotiations be, but knowing what to expect will make the process easier 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 take your case to trial if a satisfactory resolution is not attainable. This is a costly and time-consuming process that can be stressful. The jury must also decide if you should be compensated for your injuries and should they, if so, in what amount. Your lawyer must thoroughly investigate your case in order to understand the circumstances of your injury, as well as the severity of damages, injuries and costs.
Your lawyer will now call witnesses and experts and present physical evidence, including photographs documents, documents, and medical reports. This is the "case-in-chief" phase. injury law firm concord will then summon witnesses to testify and argue why the plaintiff should not be awarded damages. The jury or judge will then review the evidence and arguments offered by both parties.
The judge will then outline the legal standards which must be followed for the jury to come up with a verdict in favor of the plaintiff and against the defendant. This is referred to as jury instruction. Then, each side presents their closing arguments. If the jury is unable reach a consensus and the judge declares a mistrial. In some rare instances appeals may be available if you're unhappy with the outcome of your trial.