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Injury Litigation

Injuries litigation is a legal procedure through which you can recover compensation for your injuries and losses. Your lawyer will use strong evidence to prove your case, such as eyewitness testimonies, medical documentation as well as the statements of the defendant and expert witness opinions.

Your lawyer will begin the process of filing your lawsuit. When the defendant has responded, the case enters a fact-finding stage called discovery.

The Complaint

Before a lawsuit is filed the person who suffered the injury legal (plaintiff) must conduct a pre-lawsuit investigations. This includes reviewing police accident reports as well as conducting informal discovery and identifying potentially liable parties and the possible legal remedies that can be filed against them.

Once the plaintiff has done this, they are able to make a complaint and summons. The complaint details the damage caused by the defendant or his inaction. It typically contains a request to seek damages for injuries suffered by the victim, including medical bills and lost wages along with pain and suffering and other damages.

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

During the discovery stage the parties will exchange pertinent information about their positions and evidence. This phase includes depositions (also called interrogatories), written questions (also called interrogatories) as well as requests for documents. This usually accounts for the major portion of the litigation timeline. If there are settlement possibilities, they will take place during this period. The case will then proceed to trial if there is no settlement. During this period your attorney will be able to give your case 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 exchange information with the other party and collect evidence. This may include witness testimony, details of your medical treatment, as well as evidence of the losses you've suffered. Your attorney can utilize a variety of tools to aid you in discovery, including interrogatories and requests for documents. Interrogatories are written questions which require a response in writing and requests for documents require the submission of all relevant documentation under the control of each party. Requests for admission are written requests to the other side asking them to admit certain facts. This can save time and money since attorneys do not need to prove their claims at trial. Depositions are live recordings of witnesses where your attorney can inquire about the incident under oath, and get their answers recorded, and then transcribed by a court reporter.

Discovery may seem like an uncomfortable, lengthy and intrusive process, but it's necessary to collect the evidence you require to be successful in your claim for compensation. During your free consultation with your attorney, you will be able discuss the details of the discovery process. If you try to hide a preexisting injury legal that worsened due to a preexisting medical condition, this information may be discovered during discovery and your case could be thrown out.

The Negotiation Phase

Most injury attorney cases aim to settle a case through negotiations. The process of reaching 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 you decide on a number to demand your settlement and then assist in negotiations.

One of the issues with settling an injury claim is that the amount of your damages including medical expenses as well as lost income and future losses - is a dynamic factor. Your injuries may worsen as time passes, which could increase your future losses, and reduce the amount of your current losses. Your lawyer will ensure that your damages are calculated based on your current injuries and your prognosis for future recovery.

Insurance companies usually try to limit their payout by arguing about 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 get the best outcome for your case. Negotiating a settlement can take months or even years. Negotiations can last for several months or even years, depending on many different factors.

The Trial Phase

Most cases of injury settlement are settled outside of court through settlement negotiations. If a resolution is not reached your lawyer might decide to go to trial. This is an expensive lengthy, time-consuming and stressful procedure. The jury must also decide if you are compensated for your injuries, and in the event that they do, how much. Your lawyer must thoroughly research your case to understand the circumstances surrounding your injuries, the severity of the injuries, damages and the costs.

At this stage, your attorney will summon witnesses and experts to testify, and present evidence of physical nature, such as documents, photographs, and medical reports. This is referred to as the case-in­-chief phase. The defense attorney will then summon witnesses to testify and argue as to why the plaintiff shouldn't be awarded damages. The judge or jury evaluates the arguments and evidence of both parties.

The judge will explain to the jury the legal standards which must be met in order for them to make a decision in favor of the plaintiff or against the defendant. This is called jury instruction. Each side then gives its closing arguments. If the jury is not able to agree on a final verdict, the judge will declare that the trial is a mistrial. If you're not satisfied with the result of the trial, there could be an appeal available.