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

Injury Litigation

Injuries litigation is the legal procedure that allows you to collect compensation for your losses and injuries. Your injury attorney will build solid evidence for your case including eyewitness testimony, medical documents in the form of defendant statements, expert witness opinions.

Your lawyer will then start the lawsuit. After the defendant responds then the case goes to an inquiry stage known as discovery.

The Complaint

Before the lawsuit is filed, an injured party (plaintiff) must conduct pre-lawsuit discovery. This includes studying police accident reports, making informal discovery and identifying liable parties.

The plaintiff may then file an order with a complaint. The complaint outlines the harm caused by the defendant's action or his inaction. It typically includes a request for compensation for medical expenses and lost income, injury attorney as well as pain and suffering, and other damages that result from their injury attorney.

The defendant has 30 days to respond, which is also referred to as an answer. In this response, the defendant is able to admit or deny any allegations made in the complaint. They may also make a counterclaim or include a third-party defendant in the suit.

During the discovery stage during the discovery phase, both parties will share relevant information regarding their positions and evidence. This phase includes depositions (also known as interrogatories) and written questions (also known as interrogatories), as well as requests for documents. This usually takes up the majority of the timeframe for the lawsuit. In this phase, if there are any settlement options the possibility of settlement will be discussed. The case will proceed to trial if there is no settlement. During this time the attorney will present your side of the tale to a jury or judge and the defendant will defend themselves.

The Discovery Phase

Discovery is a formal procedure that permits you and your legal team to exchange information with the other party and collect evidence. It could include witness statements, 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, such as interrogatories and requests for documents. Requests for documentation are requests to supply all relevant documentation which is within each party's control. Interrogatories require written responses. Requests for admission are letters to the other side asking them to accept certain facts. This will save time and cost as the attorneys do not need to prove the facts in court. Depositions are live interviews with witnesses. Your attorney can ask them questions regarding the incident under an oath. Their responses will be recorded and transcribing.

Discovery may seem like an uncomfortable, lengthy and intrusive process, but it is essential to collect the evidence required to win your injury claim. During your consultation for free the attorney will be able to discuss the specifics of the discovery process. If you attempt to conceal an injury lawsuit that is preexisting and has gotten worse due to a preexisting medical condition, this information may be discovered during the process of discovery and your case could be thrown out.

The Negotiation Phase

A settlement that is negotiated is the primary goal in most injuries. This process usually involves an exchange of information back and forth between your lawyer and that of the insurer of the responsible party. This may include informal conversations/correspondence (by phone, in meetings, by email) where the parties trade offers and counter-offers. Your lawyer can help decide on a number to request for your settlement, and then assist in negotiations.

The amount of damages, which includes medical bills, lost wages and future losses, is a factor that is dynamic. Your injuries could worsen over time. This could increase future loss or reduce the value of your current losses. Your attorney will ensure that your damages are determined based on your current injuries and your prognosis for future recovery.

Often insurance companies attempt to limit the amount they pay for claims by arguing against certain elements of your case. This could result in a delay in settlement negotiations. However your lawyer has strategies to help you overcome these obstacles to get the best possible result 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 various factors.

The Trial Phase

Most cases of injury are resolved without court through settlement negotiations. If an agreement is not reached your lawyer might decide to bring the case to trial. This is a stressful lengthy, costly and expensive procedure. The jury will also have to decide if you should be compensated for your injuries and, should they, if so, in what amount. Your lawyer should thoroughly investigate your case to discover the circumstances surrounding your injuries, the amount of damages, injuries, and the costs.

At this moment, your lawyer will summon witnesses and experts to testify, and present physical evidence such as photographs, injury attorney documents and medical reports. This is the "case-in-chief" phase. The defense attorney will call witnesses to testify in rebuttal and argue that plaintiffs shouldn't be awarded damages. The judge or jury then decides on the evidence and arguments of both sides.

The judge will explain to jurors the legal standards that must be followed in order for them to decide in the favor of plaintiffs or against defendants. This is known as jury instruction. Then, each side presents their closing arguments. If the jury cannot agree on a decision, the judge will declare the trial a mistrial. If you are not happy with the results of your trial, there may be an appeal available.