"Ask Me Anything:10 Responses To Your Questions About Injury Litigation

Injury Litigation

Legally, it is the procedure which allows you to claim compensation for your injuries and losses. Your lawyer for injury will make use of strong evidence to support your case, such as 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 to the lawsuit, the case moves to a fact-finding stage called discovery.

The Complaint

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

After the plaintiff has completed this, they can make a complaint and summons. The complaint is a formal declaration of the party who is being sued, injury and describes the harm caused by the defendant's conduct or lack thereof. The typical complaint will include a demand for compensation for medical bills, lost income, suffering and pain, and other damages arising from their injuries.

The defendant has 30 days to respond, which is also referred to as an answer. In this response, the defendant is able to admit or deny any allegations made in the complaint. They may also include third party defendants or file a counterclaim.

During the discovery phase in the discovery stage, both parties exchange pertinent information about their positions and the evidence. This process includes depositions (also called interrogatories) as well as written questions (also known as interrogatories), as well as requests for documents. This phase usually takes up the majority of the timeline for a lawsuit. During this phase, if there are settlement opportunities the possibility of settlement will be discussed. In the event that there is no settlement the case will go to trial. During this period your lawyer will present your side to a jury or judge 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 can include witness statements, details about your medical treatment and proof of the losses you have incurred. Your attorney can also use different tools during discovery to aid your case, such as interrogatories, requests for documents and depositions. Interrogatories are written inquiries that require a written answer, while request for documents involve requesting all relevant documents that fall under the control of each party. Requests for admission require the other party to acknowledge certain facts. This could reduce time and cost since the attorneys do not have to prove these undisputed facts at trial. Depositions are recorded interviews with witnesses where your attorney can inquire about the incident under oath. They will have their answers recorded and translated by a court reporter.

Discovery may appear to be an uncomfortable, long and tedious process, but it is essential to gather the evidence required to be successful in your claim for compensation. During your free consultation the attorney will be able to discuss the specifics of the discovery process. For example, if you attempt to conceal a preexisting health issue that caused your injury to get worse it could be discovered in the process of discovery and thrown out of your case.

The Negotiation Phase

Most cases of injury aim to settle a case through negotiations. The process to achieve this goal is usually 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 help you determine the best number to demand your settlement, and then assist in negotiations.

One of the issues with settlement of an injury claim is that the amount you are owed which includes medical bills or lost income as well as future losses - is a constantly changing aspect. Your injuries can get worse over time. This could lead to a rise in future losses or diminish the value of current losses. Your attorney will ensure that damages are determined based upon your current injuries and the likelihood of future recovery.

Insurance companies typically attempt to limit their payout by arguing about certain aspects of your claim. This can prolong settlement negotiations, but your lawyer has strategies to help you overcome these challenges and reach the best possible outcome for your case. In some cases negotiations to reach an agreement could be lengthy, sometimes even for years. Many factors affect the length of time that settlement negotiations last, but understanding what to expect can make the process less stressful and more effective for you.

The Trial Phase

Most cases involving injuries are resolved without court through settlement negotiations. However, if a resolution is not reached your lawyer could decide to go to trial. This can be a costly, time-consuming and stressful process. The jury must also decide if you should be paid for your injuries and should they, if so, in what amount. Your lawyer should investigate your case to determine the circumstances surrounding your injury, as well as the severity of damages, injuries, and costs.

Your lawyer will now call witnesses and experts and present evidence, such as photos, documents, and medical reports. This is the "case-in-chief" phase. The defense attorney will then summon witnesses to testify in rebuttal and argue why the plaintiff should not be awarded damages. The judge or jury will then take into consideration the evidence and arguments offered by both parties.

The judge will then discuss the legal standards to be met in order for the jury to come up with a verdict in favor injury of the plaintiff and against the defendant. This is referred to as jury instruction. Following that, each side will present their closing arguments. If the jury cannot reach a consensus and the judge decides to declare a mistrial. If you're not satisfied with the result of your trial, there may be an appeal to be made.