Injury Litigation
Legally, it is the process that allows you to seek compensation for your losses and injuries. Your lawyer for injury will construct strong evidence in your case by utilizing eyewitness testimony, medical documentation, defendant statements and expert witness opinions.
Your lawyer will then file your lawsuit. If the defendant does not respond, the case enters a fact-finding stage called discovery.
The Complaint
Before the lawsuit can be filed, an injured person (plaintiff) must conduct pre-lawsuit discovery. This involves reviewing police accident reports, making informal discovery and identifying possible defendants.
The plaintiff may then file a summons along with a complaint. The complaint details the damage caused by the defendant or his inaction. It typically includes a request for compensation for the victim's medical expenses as well as lost income, pain and suffering, and other damages arising from their injuries.
The defendant has 30 days to respond, 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 file counterclaims or add a third party defendant to the suit.
During the discovery phase, both parties will exchange pertinent information about their positions and evidence. This typically involves depositions written questions (called interrogatories) and requests for documents. This phase typically accounts for the most of the timeline for lawsuits. In this phase, if there are settlement opportunities, these will be discussed. The case will then go to trial if there's no settlement. During this time your attorney will be able to present your side of the story to a judge or jury and the defendant will take on their defense.
The Discovery Phase
The discovery phase is a formal process that allows your legal team and the party at fault to exchange information and gather evidence. It could include witness statements, details regarding your medical treatment, as well as proof of the damages you've incurred. Your lawyer may also employ several different tools in discovery to help your case, such as interrogatories, requests for documentation and depositions. Interrogatories are questions that require a response written and requests for documents requires the submission of all relevant documentation under the control of each party. Requests for admission are letters to the other party, asking them to accept certain facts. This will save time and money since attorneys do not have to prove their case at trial. Depositions are live interviews of witnesses, where the attorney can interview them about the incident under oath. have their answers recorded, and then transcribed by a court reporter.
While discovery may appear to be an lengthy unpleasant, time-consuming and uncomfortable process but it's a crucial step to gather the evidence needed to win your injury claim. Your lawyer will be capable of discussing the details of the discovery process in your free consultation. If you try to hide an injury that was already present and aggravated due to a preexisting medical condition, this information may be found out during discovery and your case could be dismissed.
The Negotiation Phase
Most injury cases aim to settle the case through negotiations. 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 help decide on a number to ask for your settlement and assist in negotiations.
The amount of damage, which includes medical bills, lost wages, and future losses, is an aspect that is constantly changing. Your injuries can get worse over time. injury law firm antioch could lead to a rise in future losses or diminish the value of current losses. Your attorney will work to ensure that your damages are in line with the current condition of your injuries as well as a full prognosis for future recovery.
In many cases insurance companies attempt to limit the amount they pay for claims by challenging certain aspects of your case. This could lead to delay in settlement negotiations. However your lawyer will have strategies that will assist you in overcoming these obstacles and get the best outcome for your case. Negotiating a settlement can take months or even years. Numerous factors influence how long settlement negotiations last, but knowing the length to expect can make the process less stressful and more effective for you.
The Trial Phase
While most injury cases are resolved through settlement negotiations, which are not in the courtroom, your attorney could choose to take your case to trial if a satisfactory resolution cannot be reached. This can be a costly and time-consuming process that can be stressful. The jury must also decide if you are compensated for your injuries and should they, if so, in what amount. It is therefore crucial for your lawyer to thoroughly investigate your case at this stage to fully understand the way you were injured, the extent of your injuries, the damages and expenses.
At this point, your lawyer will summon witnesses as well as experts to testify and provide evidence physical such as photographs, documents and medical reports. This is known as the "case-in-chief" phase. The defense attorney will summon witnesses to testify for argument against the plaintiff, and argue that the plaintiff should not be entitled to damages. The judge or jury then decides on the arguments and evidence of both sides.
The judge will then explain the legal standards to be met in order for the jury to decide in favor of the plaintiff and against the defendant. This is referred to as jury instruction. Each side then presents its closing arguments. If the jury cannot reach an agreement on a final verdict, the judge will declare that the trial an unconstitutional trial. If you are not happy with the outcome of the trial, there could be an appeal to be made.