Injury Litigation
Injuries litigation is the legal procedure that allows you to recover compensation for your losses and injuries. Your injury lawyer will develop solid evidence for your case by utilizing eyewitness testimony as well as statements of the defendant and expert witness opinions.
Your lawyer will then submit your lawsuit. Once the defendant has responded to the lawsuit, the case moves to the discovery phase, which is a process of finding facts.
The Complaint
Before the lawsuit can be filed, an injured person (plaintiff) must conduct pre-lawsuit discovery. This involves studying police accident reports, conducting informal discovery, and identifying potential responsible parties.
The plaintiff then has the option of filing an accusation and summons. The complaint identifies the party that is being sued and exposes the harm caused by the defendant's conduct or inaction. The typical complaint will include a demand for compensation for the victim's medical expenses, lost income, suffering and other damages related to their injuries.
The defendant has 30 days to respond, also known as an answer. In this response, the defendant is able to acknowledge or deny the allegations made in the complaint. They may also file counterclaims or add a third-party defendant to the suit.
During the discovery phase the parties will exchange pertinent information about their positions and evidence. This typically involves depositions written questions (called interrogatories) and requests for documents. injury attorney mountain view comprises the majority of the lawsuit timeline. If there are settlement possibilities these will occur during this period. The case will proceed to trial if there's no settlement. During this period your lawyer will explain your side of the story to a judge or jury 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 can include witness statements, specifics regarding your medical treatment, as well as proof of the damages that you have suffered. Your attorney may also employ several different tools in discovery to help your case, including interrogatories and requests for documents and depositions. Requests for documents are essentially requests to supply all relevant documentation that are within each party's control. Interrogatories require written responses. Requests for admissions require the other party to acknowledge certain facts. This can reduce time and cost since lawyers do not have to prove these uncontested facts at trial. Depositions are live interviews of witnesses in which your attorney can ask them questions about the incident under oath and get their answers recorded and transcribing by a court reporter.
Discovery may seem like an uncomfortable, long and time-consuming process, however it is essential to gather the evidence you need to be successful in your claim for compensation. Your lawyer will be capable of discussing the details of the discovery process with you during your complimentary consultation. For example, if you attempt to conceal a preexisting condition that your injury worsened and this information is discovered in the process of discovery and then thrown out of your case.
The Negotiation Phase
A settlement that is negotiated is the goal of most injuries. This usually involves an exchange of information back and between your lawyer and the insurer of the party who is responsible. 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 the number you want to demand your settlement and assist in negotiations.
One of the difficulties of settling an injury claim is that the amount of your damages (including medical bills or lost income as well as future losses - can be a volatile aspect. Your injuries may get worse over time. This could increase future losses or diminish the value of current losses. Your lawyer will ensure that your damages are in line with the current condition of your injuries and a full prognosis for future recovery.
Insurance companies often attempt to limit their payout by arguing against certain aspects of your claim. This could result in delays in settlement negotiations. However your lawyer will have strategies to help you overcome these obstacles to get the best outcome for your case. The process of negotiating an agreement can take months or even years. There are many factors that affect how long settlement negotiations will last, but knowing the length to expect can make the process less stressful and more effective for you.
The Trial Phase
Most injury cases are settled outside of court through settlement negotiations. However, if a resolution is not reached your lawyer could decide to proceed to trial. It is a stressful long, expensive and costly process. The jury also has to decide whether the defendant is accountable for your injuries and how much money you should receive. It is therefore important for your lawyer to thoroughly investigate your case prior to the trial to fully understand the way you were injured and the severity of your injuries, the damages and expenses.
Your lawyer will now call witnesses as well as experts and present physical evidence, like photographs documents, documents, and medical reports. This is known as the "case-in-chief" phase. The defense attorney will summon witnesses to testify on behalf of a rebuttal and argue that plaintiffs should not be awarded damages. The jury or judge will then review the evidence and arguments put forward by both sides.
The judge will explain to the jury the legal requirements that must be adhered to in order to decide in the favor of plaintiffs or against defendants. This is referred to as jury instruction. After that, both sides present their closing arguments. If the jury is unable agree on a verdict and the judge declares a mistrial. If you're not satisfied with the results of your trial, there might be a right to appeal.