The Three Greatest Moments In Injury Litigation History

Injury Litigation

The process of suing for injury is a legal procedure through which you can recover compensation for your injuries and losses. Your injury claim compensation (link) lawyer will develop solid evidence for your case including eyewitness testimony, medical documents as well as statements of the defendant and expert witness opinions.

Your lawyer will bring your lawsuit. If the defendant does not respond to the lawsuit, the case moves to an investigation stage, also known as discovery.

The Complaint

Before filing a lawsuit the person who was injured (plaintiff), must conduct pre-lawsuit investigation. This involves reviewing police accident reports as well as conducting informal discovery and identifying parties that could be liable and possible legal remedies that can be asserted against them.

The plaintiff may then file a summons with a complaint. The complaint details the damage caused by the defendant's action or his actions. It typically contains a request for compensation for the victim's medical bills and lost income, as well as pain and suffering, and other damages resulting from their injury lawyer.

The defendant will then have 30 days to file a reply called an answer in which they either admit or injury compensation deny the allegations contained in the complaint. They can also file counterclaims or add a third-party defendant to the suit.

During the discovery phase during the discovery phase, both parties will share pertinent information about their positions and the evidence. This typically involves depositions written questions (called interrogatories), and requests for documents. This phase typically accounts for the major portion of the litigation timeline. If there are settlement opportunities, they will take place during this period. In the event that there is no settlement the case will go to trial. In this instance the attorney will explain your perspective to a jury or judge and the defendant will put on their defense.

The Discovery Phase

Discovery is a formal procedure that permits you and your legal team to share information with the other party and gather evidence. This can include witness statements, details regarding your medical treatment, and proof of the losses you have incurred. Your attorney can utilize a variety of tools to aid you in discovery, such as interrogatories or requests for documents. Interrogatories are written questions that require a written response as well as requests for documents requires the submission of all relevant documents under the control of the parties. Requests for admission are letters to the other party, asking them to admit certain facts. This will save time and cost as the attorneys do not have to prove their case during trial. Depositions are live conversations with witnesses. During these interviews, your attorney can ask them questions regarding the incident under the oath. Their responses will be recorded and transcribing.

Although discovery can appear to be an lengthy, intrusive and uncomfortable process however, it is an essential step to gather the evidence you need for winning your injury attorney case. Your attorney will be capable of discussing the details of the discovery process with you during your free consultation. If you try to hide a preexisting injury that worsened due to a medical condition that was already present the information could be discovered during discovery and your case could be dismissed.

The Negotiation Phase

Reaching a negotiated settlement is the goal of most lawsuits involving injuries. The process typically involves an exchange of information back and between your lawyer and the insurance company of the party responsible. 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 deciding on the number of settlement you wish to request and assist with negotiations.

One of the issues with the process of settling an injury case is that the amount of your damages - including your medical bills as well as lost income and future losses - can be a volatile factor. Your injuries can get worse as time passes, which could increase your future losses, and reduce the value of your current losses. Your lawyer will ensure that your damages are determined by the current state of your injuries, and provide a complete outlook for future recovery.

Most often insurance companies attempt to limit the amount they pay for claims by challenging certain aspects of your case. This can prolong settlement negotiations however, your lawyer has strategies to help you navigate these obstacles and get the best possible outcome for your case. In certain cases negotiations to reach an agreement can take months or even years. Negotiations can take months or even a whole year based on various factors.

The Trial Phase

Although the majority of injury attorney cases are resolved by settlement negotiations outside of the courtroom, your attorney might decide to bring your case to trial if an acceptable resolution is not attainable. This can be a stressful long, expensive and costly procedure. The jury will also have to decide if you should be compensated for your injuries and, should they, if so, in what amount. It is therefore important for your lawyer to thoroughly investigate your case at this stage to fully understand the extent of your injuries and the severity of your injuries, damages and costs.

At this point, your attorney will call witnesses and experts to testify and present physical evidence such as documents, photos, and medical reports. This is the "case-in-chief" phase. The defense attorney will summon witnesses to testify on behalf of a counter argument and argue that the plaintiff should not receive damages. The judge or jury will then consider the evidence and arguments offered by both sides.

The judge will then outline the legal requirements to be met in order for the jury to decide for the plaintiff and against the defendant. This is referred to as jury instruction. After that, both sides present their closing arguments. If the jury is unable to agree on a decision, the judge will declare that the trial a mistrial. In rare instances, an appeal may be available if you are not satisfied with the results of your trial.