Injury Litigation
Injury litigation is a legal process by which you can get compensation for your injuries and losses. Your lawyer for injury will construct solid evidence for your case including eyewitness testimony, medical documentation in the form of defendant statements, expert witness opinions.
Your lawyer will file your lawsuit. Once the defendant has responded to the lawsuit, the case will move into an investigation of facts, also known as discovery.
The Complaint
Before filing a lawsuit, the injured person (plaintiff) must conduct a an investigation prior to the filing of a lawsuit. This involves studying police accident reports, making informal discovery and identifying liable parties.
Once the plaintiff has done this, they can start a summons as well as a complaint. The complaint details the damages caused by the defendant's actions or his actions. It usually includes a request to seek damages for injuries suffered by the victim, including medical bills, lost wages along with pain and suffering and other damages.
The defendant has 30 days to respond, which is also referred to as an answer. In this response, the defendant has the option to admit or deny any claims made in the complaint. They may also make an appeal or add a third-party defendant the suit.
During the discovery phase during the discovery phase, both sides will share pertinent information regarding their positions and the evidence they have in the case. This involves depositions (also known as interrogatories), written questions (also called interrogatories) as well as requests for documents. This usually accounts for the most of the timeline for lawsuits. During this phase, if there are settlement opportunities the possibility of settlement will be discussed. In the event that there is no settlement the case will proceed to trial. In this time your lawyer will present your side of the story to a jury or judge and the defendant will defend themselves.
The Discovery Phase
The discovery phase is a formal procedure that permits your legal team and the at-fault party to exchange information and gather evidence. This may include witness statements, information about your medical treatment and proof of the expenses you have incurred. Your attorney can utilize a variety of tools to assist you during discovery, such as interrogatories or requests for documents. Requests for documentation are requests to provide all relevant documentation that is under each party's control. Interrogatories require written responses. Requests for admission are written demands to the other side asking for them to acknowledge certain facts. This can save time and money since the attorneys don't have to prove the facts at trial. Depositions are live conversations with witnesses, during which your attorney can ask them questions about the incident while under the oath. Their responses will be recorded and then transcribed.
Although discovery can appear to be a long painful, invasive and uncomfortable process however, it is an essential step to gather the evidence needed for winning your injury case. During your free consultation your attorney can discuss the details 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, this information may be discovered during the process of discovery and your case could be dismissed.
The Negotiation Phase
The negotiation of a settlement is the goal of most injuries. 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 the number you want to demand your settlement and then assist in negotiations.
One of the challenges of settling an injury claim is that the amount you are owed which includes medical bills, lost income, and future losses - is a constantly changing factor. Your injuries could get worse over time, which can increase the amount of your future losses and reduce the value of your current losses. Your attorney will ensure that your damages are calculated based on your current injuries and your prognosis for future recovery.
A lot of times, insurance companies are trying to limit the amount they pay for claims by arguing against certain elements of your case. This can cause delays in settlement negotiations but your lawyer will have strategies to help you get through these issues and get the most favorable outcome for your case. In some instances the process of negotiating an agreement could be lengthy, sometimes even for years. There are many factors that affect how long settlement negotiations will take, but knowing what to expect will make the process less stressful and more efficient for you.
The Trial Phase
While the majority of cases involving injuries are resolved through settlement talks outside of the courtroom, your attorney could decide to bring your case to trial if a fair resolution is not attainable. This is an expensive lengthy and time-consuming procedure that can be stressful. injury lawyer fishers will also have to decide if you are compensated for your injuries and, should they, if so, in what amount. Your lawyer should investigate your case in order to understand the circumstances of your injuries, the amount of damages, injuries and the costs.
At this point, your attorney will summon witnesses as well as experts to testify and provide evidence physical such as documents, photos, and medical reports. This is referred to as the case-in-chief phase. The defense attorney will then call witnesses to testify and argue for the reasons why the plaintiff should not be awarded damages. The judge or jury decides on the evidence and arguments of both sides.
The judge will explain to the jury the legal requirements that must be met in order for them to make a decision in favor of the plaintiff or against the defendant. This is known as jury instruction. Following that, each side will present their closing arguments. If the jury cannot reach an agreement on a verdict the judge will declare the trial an unconstitutional trial. In some cases, an appeal may be available if not satisfied with the result of your trial.