20 Myths About Injury Litigation: Dispelled

Injury Litigation

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

Your lawyer will then file your lawsuit. After the defendant responds then the case goes to an investigation stage, also known as discovery.

The Complaint

Before a lawsuit is filed the person who has been injured (plaintiff), must conduct an investigation prior to filing a lawsuit. This includes reviewing accident reports, conducting informal discovery, and identifying potential liable parties and possible causes of action that can be argued against them.

The plaintiff then has the option of filing a summons with a complaint. The complaint is a formal declaration of the party who is being sued. It also describes the harm caused by the defendant's conduct or inaction. It typically includes a demand for compensation for injuries suffered by the victim, including medical bills and lost wages or income, as well as pain and other damages.

The defendant will then have 30 days to file a reply or answer in which they either admit or deny the allegations in the complaint. They may also add third party defendants or file counterclaims.

During the discovery phase in the discovery phase, both sides will exchange pertinent information regarding their respective positions and evidence in the case. This typically includes depositions, written questions (called interrogatories) and requests for documents. This phase usually takes up the majority of the timeline for the lawsuit. In this phase, if there are any settlement possibilities they will be discussed. Otherwise the case will go to trial. In this instance the attorney will provide your side of the story to a jury or judge and injury the defendant will put on their defense.

The Discovery Phase

Discovery is a formal process that allows you and your legal team to exchange information with the other party and gather evidence. This may include witness statements, information regarding your medical treatment, and proof of the expenses you've suffered. Your attorney can use several tools to assist you during discovery, including interrogatories and requests for documents. Interrogatories are written inquiries that require a written response while requests for documents involves requesting all relevant documents under the control of the parties. Requests for admission are written letters to the other party requesting for them to acknowledge certain facts. This can save time and money since attorneys do not need to prove the facts in court. Depositions are live recordings of witnesses where your attorney can ask them questions about the incident under oath and get their answers recorded and translated by a court reporter.

While it might seem like a lengthy painful, invasive and uncomfortable process however, it is an essential step to gather the evidence you need to win your case. Your lawyer will be willing to go over the specifics of the discovery process with you during your no-cost consultation. If you try to hide an injury that is preexisting and has gotten worse due to a preexisting medical condition The information could be found out during discovery and your case could be thrown out.

The Negotiation Phase

Reaching a negotiated settlement is the aim of the majority of injury cases. The process of achieving this goal usually involves a back-and-forth exchange 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 the number you want to demand for your settlement and assist in negotiations.

The amount of damage, which includes medical bills, lost wages and future losses, is a variable that is dynamic. Your injuries could get worse over time, which may increase the amount of your future losses and reduce the value of your current losses. Your attorney will work to ensure that your damages are dependent on the current condition of your injuries and a complete outlook for future recovery.

In many cases insurance companies attempt to limit the amount they pay for claims by arguing against specific aspects of your case. This could delay settlement negotiations, but your lawyer has strategies to help you overcome these difficulties and achieve the most favorable outcome for your case. In certain cases the process of negotiating an agreement could take months or even years. Negotiations can take months or even a whole year based on a variety of factors.

The Trial Phase

While most injury attorneys cases are resolved by settlement negotiations outside of court, your lawyer may decide to bring your case to trial if an acceptable resolution is not reached. This can be a costly lengthy, time-consuming and stressful procedure. It also requires the jury to decide whether the defendant is responsible for your injuries and the amount you will receive. It is therefore important for your lawyer to conduct thorough research on your case prior to the trial to fully comprehend the nature of your injuries and the severity of your injuries, damages and expenses.

Your attorney will now summon witnesses as well as experts and present physical evidence, such as photos documents, documents, and medical reports. This is known as the case-in-chief phase. The defense attorney will then call witnesses to testify in rebuttal and argue that the plaintiff shouldn't be awarded damages. The judge or jury will then review the evidence and arguments made by both parties.

The judge will then outline the legal standards that must be met for the jury to decide for the plaintiff and against the defendant. This is known as jury instruction. Each side then gives its closing arguments. If the jury cannot reach a consensus and the judge declares a mistrial. In rare instances, an appeal may be available if not satisfied with the results of your trial.