5 Laws Anyone Working In Injury Litigation Should Know

Injury Litigation

Injury litigation is a legal process by which you can claim compensation for your injuries and losses. Your injury attorney will build solid evidence for your case by utilizing eyewitness testimony, medical documents as well as statements of the defendant and expert witness opinions.

Your lawyer will then begin to file your lawsuit. When the defendant has responded to the lawsuit, the case moves to a fact-finding stage called discovery.

The Complaint

Before the lawsuit is filed, an injured person (plaintiff) must conduct pre-lawsuit discovery. This involves reading the police accident reports, conducting informal discovery and identifying possible defendants.

The plaintiff then has the option of filing an order with a complaint. The complaint is a formal declaration of the party who is being sued, and exposes the harm caused by the defendant's actions or lack thereof. It typically includes a demand to recover damages for the victim's injuries, including medical bills and lost wages or income, as well as pain and other damages.

The defendant is then given 30 days to file a response which is referred to as an answer in which they either admit or deny the allegations made in the complaint. They can also add third party defendants or make counterclaims.

During the discovery phase, both sides will exchange pertinent information regarding their positions and the evidence in the case. This typically involves depositions written questions (called interrogatories), and requests for documents. This phase typically accounts for the majority of the timeframe for a lawsuit. In this phase, if there are settlement opportunities the possibility of settlement will be discussed. The case will proceed to trial if there's no settlement. During this period, your attorney will give your argument before a jury or judge and the defendant will put on their defense.

The Discovery Phase

Discovery is a formal stage that permits you and your legal team to share information with the other party and gather evidence. It could include witness statements or details of your medical treatment, as well as proof of losses you have suffered. Your attorney can use several tools to aid you in discovery, including interrogatories as well as requests for documents. Interrogatories are written inquiries that require a response written while requests for documents requires the submission of all relevant documents that fall under the control of each party. Requests for admissions require the other party to admit certain facts, which can save time and money as the attorneys do not have to prove these uncontested facts in court. Depositions are live recordings of witnesses, injury attorney where the attorney can interview them about the incident under oath and have their answers recorded and translated by a court reporter.

Discovery may appear to be an uncomfortable, lengthy and time-consuming process, however it is essential to collect the evidence you require to win your injury claim. Your lawyer will be willing to go over the specifics of the discovery process with you during your no-cost consultation. For instance, if attempt to conceal a preexisting health issue that caused your injury to get worse or aggravated, the information could be discovered in the process of discovery and then thrown out of your case.

The Negotiation Phase

A settlement that is negotiated is the aim of the majority of injuries. The process for achieving this goal typically 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 in determining the amount of settlement that you want to seek and assist in negotiations.

The amount of damages, such as medical bills, lost wages, and future loss, is a factor that is constantly changing. Your injuries could get worse over time. This could lead to a rise in future losses or reduce the value of current losses. Your lawyer will ensure that your damages are determined by the current state of your injuries, and provide a full prognosis for future recovery.

Insurance companies typically try to limit their payout by arguing against certain aspects of your claim. This can result in an inability to settle settlement negotiations. However, your lawyer will have strategies that will assist you in overcoming these obstacles and achieve the best possible result for your case. In certain cases, the process of negotiating an agreement can take months or even years. There are many factors that affect how long settlement negotiations take, but knowing what to expect can make the process less stressful and more effective for you.

The Trial Phase

Most injury cases are resolved outside of court through settlement negotiations. However, if a resolution is not reached your lawyer could decide to bring the case to trial. This is a stressful long, expensive and costly process. The jury must also decide if you should be compensated for your injuries and in the event that they do, how much. Therefore, it is essential for your lawyer to thoroughly investigate your case in this phase to fully understand the way you were injured, the extent of your injuries, the damages and expenses.

Your lawyer will now call witnesses and experts and present evidence, like photographs documents, documents, and medical reports. This is referred to as the case-in­-chief phase. The defense attorney will summon witnesses to testify for rebuttal and argue that the plaintiff should not be entitled to damages. The jury or judge weighs the evidence and arguments of both parties.

The judge will then go over the legal requirements that must be met in order for the jury to find for the plaintiff and against the defendant. This is referred to as jury instruction. Then, each side presents their closing arguments. If the jury is unable to reach a consensus then the judge declares a mistrial. In some cases appeals might be available if you're not satisfied with the results of your trial.