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

Your lawyer will start the lawsuit. After the defendant responds, the case enters an inquiry stage known as discovery.

The Complaint

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

The plaintiff is then able to file an accusation and summons. The complaint outlines the harm caused by the defendant's actions or his inaction. The typical complaint will include a demand for damages for Injury Litigation the victim's injuries, including medical bills, lost wages or income, as well as pain and other damages.

The defendant will then have 30 days to file a response called an answer in which they acknowledge or deny the allegations contained in the complaint. They may also include third party defendants or file a counterclaim.

During the discovery phase during the discovery phase, both sides will share relevant information about their respective positions and evidence in the case. This usually involves depositions, written questions (called interrogatories) and requests for documents. This phase typically accounts for the majority of the timeframe for a lawsuit. If there are settlement options these will occur during this period. If not the case will proceed to trial. During this period the attorney will explain your side of the story to a judge or jury and the defendant will take on their defense.

The Discovery Phase

The discovery phase is a formal process that permits your legal team and Injury Litigation the at-fault party to exchange information and collect evidence. This could include witness testimony or details of your medical treatment and evidence of losses you've suffered. Your attorney can use several tools to help you during discovery, including interrogatories and requests for documents. Requests for documents are requests to provide all relevant documentation which is within each party's control. Interrogatories require written responses. Requests for admission ask the other party to accept certain facts. This could help save time and money because the attorneys do not have to prove these uncontested facts in court. Depositions are live discussions with witnesses. Your attorney can ask them questions about the incident while under the oath. Their answers will be recorded and then transcribed.

Discovery may seem like an uncomfortable, long and time-consuming process, however it is necessary to gather the evidence you require to be successful in your claim for compensation. Your lawyer will be in a position to discuss the details of the discovery process with you during your no-cost consultation. For instance, if try to hide a preexisting condition that has caused your injury lawsuit to worsen or aggravated, the information could be discovered in the process of discovery and dismissed from your case.

The Negotiation Phase

The majority of injury cases seek to reach a settlement through negotiation. The process to achieve 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 help you in deciding on the amount of settlements you would like to negotiate and help in negotiations.

One of the difficulties of the process of settling a claim for injury settlement is that the amount you are owed - including your medical bills loss of income, future losses - is an evolving factor. Your injuries may worsen as time passes, which could increase your future losses and decrease the amount of your current losses. Your lawyer will ensure that your damages are in line with the current condition of your injuries, and provide an accurate prognosis for your future recovery.

Insurance companies typically attempt to limit the amount they pay by disputing certain elements of your claim. This could delay settlement negotiations however, your lawyer can provide strategies to help you get through these obstacles and get the best possible outcome for your case. In some instances negotiations to reach an agreement could take months or even years. Negotiations can take several months or even years, depending on many factors.

The Trial Phase

Most injury settlement cases are resolved without court through settlement negotiations. However, if the resolution isn't reached your lawyer might decide to proceed to trial. It is a costly lengthy, time-consuming and stressful procedure. The jury also has to decide if the defendant should be held accountable for your injuries and how much money you will receive. Your lawyer should investigate your case to understand the circumstances of your injury lawsuit, as well as the severity of damages, injuries and the costs.

At this point, your attorney will summon witnesses and experts to testify, and present evidence of physical nature, such as documents, photographs and medical reports. This is the "case-in-chief" phase. The defense attorney will call witnesses to testify as a argument against the plaintiff, and argue that plaintiffs should not be awarded damages. The jury or judge will then review the evidence and arguments presented by both sides.

The judge will explain to the jury the legal standards that must be followed in order to make a decision in favor of the plaintiff or against the defendant. This is referred to as jury instruction. Each side will then present its closing arguments. If the jury is unable to reach a consensus and the judge decides to declare a mistrial. In rare instances an appeal could be available if you're unhappy with the outcome of your trial.