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Injury Litigation

injury lawsuit litigation is a legal process that allows you to get compensation for your injuries and Injury Litigation losses. Your lawyer will use strong evidence to support your case, including eyewitness testimony, medical documents in the form of statements from the defendant, as well as expert witness opinions.

Your lawyer will start the lawsuit. After the defendant has replied to the lawsuit, the case will move into the phase of fact-finding known as discovery.

The Complaint

Before filing a lawsuit the person who suffered the injury attorneys (plaintiff) must conduct a pre-lawsuit investigations. This includes reading police accident reports, making informal discovery and identifying potential defendants.

The plaintiff is then able to file a summons along with a complaint. The complaint identifies the party who is being sued. It also describes the harm caused by the defendant's actions or lack thereof. The typical complaint will include a demand to recover damages for the victim's injuries including medical bills, lost wages along with pain and suffering and other damages.

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

During the discovery stage in the discovery stage, both parties exchange pertinent information about their positions and the evidence. This involves depositions (also known as interrogatories), written questions (also called interrogatories) as well as requests for documents. This usually accounts for the majority of the lawsuit timeline. If settlement opportunities are available, they will take place during this period. The case will then go to trial if there is no settlement. During this time, your attorney will give your argument before a judge or a jury and the defendant will put on their defense.

The Discovery Phase

Discovery is a formal process that allows you and your legal team to share information with the other party and collect evidence. It could include witness statements as well as details of your medical treatment, and proof of losses you have suffered. Your lawyer can also make use of different tools in discovery to help your case, including interrogatories, requests for documentation and depositions. Interrogatories are written questions that require a written response and requests for documents requires the submission of all relevant documents that fall under the control of each party. Requests for admissions ask the other party to acknowledge certain facts, which can save time and money as lawyers do not have to prove these uncontested facts in court. Depositions are live interviews of witnesses where your attorney is able to interview them about the incident under oath, and have their answers recorded and translated by a court reporter.

Discovery may seem like an uncomfortable, long and intrusive process, but it is essential to gather the evidence you require to prove your injury claim. During your free consultation the attorney will be able to explain the details of the discovery process. For instance, if you attempt to conceal a preexisting health issue that caused your injury attorney to get worse, this information could be discovered during the discovery process and thrown out of your case.

The Negotiation Phase

A settlement that is negotiated is the aim of the majority of injuries. The process of reaching this goal usually 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 choose the appropriate number to demand for your settlement and assist in negotiations.

The amount of damages, which includes medical bills, lost wages and future losses, is an aspect that is always changing. Your injuries could get worse over time, which can 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 a complete outlook for future recovery.

In many cases insurance companies try to limit their payout for claims by arguing against specific elements of your case. This can result in delay in settlement negotiations. However, your lawyer will have strategies to assist you in overcoming these obstacles and get the best outcome for your case. Negotiating a settlement can take months or even years. Negotiations can take months or even years based on many factors.

The Trial Phase

Most cases involving injuries are resolved without court through settlement negotiations. If the resolution isn't reached the lawyer could decide to go to trial. This is an expensive lengthy, time-consuming and stressful procedure. The jury also has to decide whether the defendant should be accountable for your injuries and how much money you will receive. It is therefore important for your lawyer to thoroughly investigate your case prior to the trial to fully comprehend the way you were injured and the extent of your injuries, damages and expenses.

Your attorney will then call witnesses and experts and present physical evidence, such as photographs, documents, and medical reports. This is known as 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 judge or jury will then take into consideration the evidence and arguments put forward by both parties.

The judge will explain to the jury the legal requirements which must be met in order for them to decide whether to go in favor of plaintiff or against defendant. This is known as jury instruction. Each side will then present its closing arguments. If the jury fails to reach a decision and the judge declares a mistrial. In some rare instances, an appeal may be available if you're not satisfied with the outcome of your trial.