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

Injury Litigation

The process of suing for injury is a legal procedure that allows you to recover compensation for your injuries and losses. Your lawyer will use strong evidence to support your case, which includes eyewitness testimonies, medical documentation as well as the statements of the defendant and expert witness opinions.

Your lawyer will then file your lawsuit. After the defendant has reacted, the case moves into a stage of fact-finding called discovery.

The Complaint

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

The plaintiff can then file a summons along with a complaint. The complaint identifies who is the party who is being sued, and exposes the harm caused by the defendant's conduct or inaction. It typically contains a request for compensation 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, also known as an answer. In this response, the defendant is able to admit or deny any claims made in the complaint. They can also file a counterclaim or add a third-party defendant to the suit.

During the discovery phase, both parties will exchange relevant information regarding their positions and the evidence. This typically involves depositions written questions (called interrogatories), and requests for documents. This is typically the majority of the lawsuit timeline. In this phase, if there are any settlement opportunities that are discussed, they will be discussed. Otherwise, the case will progress to trial. During this period, your attorney will tell your story to a jury or judge and the defendant will defend themselves.

The Discovery Phase

Discovery is a formal stage that allows you and your legal team to exchange information with the other party and collect evidence. It could include witness statements as well as details of your medical treatment, as well as evidence of losses you've suffered. Your attorney can also use different tools during discovery to help your case, including interrogatories and requests for documents and depositions. Requests for documentation are requests to supply all relevant documentation that is within the respective parties' control. Interrogatories require written responses. Requests for admission are written letters to the other party asking them to admit certain facts. This can cut down on time and cost as the attorneys don't need to prove the facts in court. Depositions are live conversations with witnesses, where your attorney can ask them questions regarding the incident under oath. Their answers will be recorded and transcribing.

Although discovery can appear to be an lengthy unpleasant, time-consuming and uncomfortable process however, it is an essential step to gather the evidence needed to win your case. Your attorney will be in a position to discuss the details of the discovery process with you during your complimentary consultation. If you try to hide an injury that has already been aggravated due to a medical condition that was already present The information could be found out during discovery and your case could be dismissed.

The Negotiation Phase

The majority of injury cases seek to settle a case through negotiation. The process of achieving 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 decide on a number to request for your settlement and assist in negotiations.

The amount of damages, injured such as medical bills, lost wages, and future losses, is an aspect that is always changing. Your injuries can get worse over time, which may increase your future losses and decrease the value of your current losses. Your lawyer will ensure that your damages are in line with the current condition of your injuries and a complete outlook for future recovery.

Insurance companies usually try to limit their payout by arguing about certain aspects of your claim. This can delay settlement negotiations, but your lawyer has strategies to help you overcome these obstacles and get the best possible outcome for your case. In certain cases negotiations to reach an agreement can take months or even years. Negotiations can take months or even years based on various factors.

The Trial Phase

While the majority of injuries cases are resolved through settlement negotiations outside of the courtroom, your attorney could choose to take your case to trial if a fair resolution is not attainable. This is a stressful lengthy, costly and expensive procedure. It also requires the jury to decide whether the defendant should be accountable for your injuries and the amount you will receive. It is crucial for your lawyer to conduct a thorough investigation of your case at this point to fully understand how you were injured and the extent of your injuries, the damages and costs.

At this stage, your attorney will call witnesses as well as experts to testify and provide evidence in the form of photographs, injured documents and medical reports. This is the "case-in-chief" phase. The defense attorney will summon witnesses to testify for argument against the plaintiff and argue that plaintiffs shouldn't be awarded damages. The jury or judge decides on the arguments and evidence of both parties.

The judge will then explain the legal requirements that must be met for the jury to rule for the plaintiff and against the defendant. This is referred to as jury instruction. Each side then presents its closing arguments. If the jury is unable to reach a decision and the judge decides to declare a mistrial. In some rare instances an appeal could be available if not satisfied with the result of your trial.