Injury Litigation
Injuries litigation is a legal procedure that allows you to recover compensation for your injuries and losses. Your lawyer for injury will construct strong evidence in your case including eyewitness testimony, medical records in the form of defendant statements, expert witness opinions.
Your lawyer will file your lawsuit. Once the defendant has responded to your lawsuit, the case goes into a stage of fact-finding called discovery.
The Complaint
Before a lawsuit is filed, the injured person (plaintiff) must conduct a an investigation prior to the filing of a lawsuit. This includes reading police accident reports, conducting informal discovery and identifying potential defendants.
The plaintiff then has the option of filing an order with a complaint. The complaint outlines the harm caused by the defendant's or his actions. The typical complaint will include a demand for compensation for medical bills, lost income, suffering and pain, and other damages resulting from their injury.
The defendant has 30 days to respond, also referred to as an answer. In this response, the defendant is able to admit or deny any claims made in the complaint. They may also add a third party defendant or make an appeal.
During injury attorney canton during the discovery phase, both parties will share relevant information regarding their positions and the evidence. This usually involves depositions, written questions (called interrogatories) and requests for documents. This phase typically accounts for the majority of the timeframe for a lawsuit. If settlement opportunities are available these will occur during this period. Otherwise the case will proceed to trial. During this period, your attorney will tell 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. This may include witness statements, information about your medical treatment and proof of the expenses you have incurred. Your attorney may use a variety tools to help you during discovery, such as interrogatories and requests for documents. Interrogatories are questions which require a response in writing and requests for documents require the submission of all relevant documentation that is under the control of each party. Requests for admissions ask the other party to acknowledge certain facts. This can save time and money since the attorneys don't have to prove these undisputed facts in court. Depositions are live interviews of witnesses where your attorney is able to ask them questions about the incident under oath. get their answers recorded and transcribing by a court reporter.
Although discovery can seem like a long painful, invasive and uncomfortable process, it is a necessary step to gather the evidence necessary to win your injury claim. During your free consultation, your attorney will be able discuss the specifics of the discovery process. If you try to hide an injury that has already been aggravated due to a medical condition that was already present The information could be discovered during discovery and your case could be thrown out.
The Negotiation Phase
Most cases of injury aim to settle a case through negotiation. This usually involves an exchange of back-and forth 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 amount of settlements you would like to request and assist in negotiations.
The amount of damages, such as medical bills, lost wages and future losses, is a factor that is always changing. Your injuries could get worse over time, which could increase your future losses, and reduce the value of your current losses. Your attorney will ensure that damages are determined based upon your current injuries and your prognosis for the future recovery.
Most often, insurance companies are trying to limit their payout for claims by challenging certain aspects of your case. This can delay settlement negotiations, but your lawyer has strategies to help you navigate these challenges and reach the best possible outcome for your case. In some cases, the process of negotiating an agreement can be lengthy, sometimes even for years. Negotiations can take months or even a whole year based on a variety of factors.
The Trial Phase
The majority of injury cases are resolved outside of court through settlement negotiations. However, if an agreement is not reached, your lawyer may decide to take the case to trial. This is a costly and time-consuming process that can be stressful. The jury will also have to decide if you are compensated for your injuries, and in the event that they do, how much. Your lawyer should investigate your case to discover the circumstances surrounding your injuries, the amount of the injuries, damages and the costs.
Your attorney will then call witnesses and experts and present evidence, such as photos documents, documents, and medical reports. This is known as the case-in-chief phase. The defense attorney will call witnesses to testify as a counter argument, and argue that plaintiffs should not be awarded damages. The jury or judge will then consider the evidence and arguments put forward by both parties.
The judge will then go over the legal standards to be met in order for the jury to rule for the plaintiff and against the defendant. This is referred to as jury instruction. Each side then presents its closing arguments. If the jury is not able to agree on a decision, the judge will declare the trial a mistrial. If you are not happy with the result of your trial, there may be a right to appeal.