Injury Litigation
Injury litigation is the legal process that allows you to recover compensation for your losses and injuries. Your injury lawyer will develop strong evidence in your case by utilizing eyewitness testimony, defendant statements and expert witness opinions.
Your lawyer will then begin to file your lawsuit. Once the defendant has responded then the case goes to the discovery phase, which is a process of finding facts.
The Complaint
Before the lawsuit can be filed, an injured person (plaintiff) must conduct pre-lawsuit discovery. This involves reading the police accident reports, conducting informal discovery and identifying potential at-fault parties.
The plaintiff may then file a summons with a complaint. The complaint identifies the party that is being sued and details the harm caused by the defendant's conduct or lack thereof. It usually includes a request for compensation for the victim's medical bills loss of income, pain and suffering, and other damages that result from their injuries.
The defendant will then have 30 days to file a reply which is referred to as an answer in which they acknowledge or deny the allegations contained in the complaint. They may also add an additional defendant, or make an appeal.
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 usually takes up most of the time for a lawsuit. In this stage, if there are settlement opportunities they will be discussed. If not, the case will progress to trial. During this period, your attorney will tell your side before a judge or jury 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 may include witness statements, details about your medical treatment and proof of the expenses you have incurred. Your lawyer may also employ several different tools during discovery to aid your case, including interrogatories and requests for documents and depositions. injury settlement lawton are written queries that require a response written, while request for documents requires the submission of all relevant documentation that is under the control of each party. Requests for admissions ask the other side to admit certain facts, which can save time and money as the attorneys do not have to prove these facts in court. Depositions are live conversations with witnesses where your attorney is able to interview them about the incident under oath. have their answers recorded and transcribing by a court reporter.
Discovery can be an uncomfortable, long and time-consuming process, however it is essential to gather the evidence you require to be successful in your claim for compensation. Your attorney will be willing to go over the specifics of the discovery process with you during your no-cost consultation. For instance, if you try to hide a prior condition that has aggravated your injury, this information could be discovered during the discovery process and removed from your case.
The Negotiation Phase
The majority of cases involving injuries aim to settle a case through negotiations. The process of achieving this goal typically involves a back-and-forth exchange 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 decide on the number you want to demand for your settlement and assist in negotiations.
The amount of damages, including medical bills, lost wages, and future losses, is a factor that is constantly changing. Your injuries may worsen over time, which may increase the amount of your future losses and reduce 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 provide an accurate prognosis for your future recovery.
Insurance companies often try to limit their payout by challenging certain elements of your claim. This can delay settlement negotiations however, your lawyer has strategies to help you get through these difficulties and achieve the most favorable outcome for your case. In certain cases the process of negotiating an agreement can take months or even years. Negotiations can last for several months or even years, depending on many different factors.
The Trial Phase
While the majority of cases involving injuries are resolved through settlement negotiations, which are not in court, your lawyer may decide to bring your case to trial if a fair resolution cannot be reached. This is a costly lengthy and time-consuming procedure that can be stressful. It also requires the jury to decide whether the defendant should be accountable for your injuries, and how much money you are entitled to. Your lawyer should thoroughly investigate your case in order to understand the circumstances of your injuries, the severity of damages, injuries, and costs.
At this point, your lawyer will summon witnesses as well as experts to testify and present physical evidence such as documents, photos, and medical reports. This is the "case-in-chief" phase. The defense attorney will then summon witnesses to testify in rebuttal and argue that the plaintiff shouldn't be awarded damages. The jury or judge considers the arguments and evidence of both sides.
The judge will then discuss the legal requirements to be met in order 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. Each side will then present its closing arguments. If the jury cannot reach a consensus and the judge declares a mistrial. If you are not happy with the outcome of your trial, there might be a right to appeal.