Injury Litigation
Legally, it is the 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 documentation as well as statements of the defendant and expert witness opinions.
Your lawyer will bring your lawsuit. After the defendant has responded, the case moves into the stage of fact-finding, which is known as discovery.
The Complaint
Before a lawsuit can be filed, the injured person (plaintiff) must conduct pre-lawsuit discovery. This includes reviewing police accident reports as well as conducting informal discovery and identifying any potentially liable parties and available causes of action that could be brought against them.
After the plaintiff has completed this, they are able to submit a summons and a complaint. The complaint is a formal declaration of the party that is being sued and details the harm caused by the defendant's conduct or inaction. It usually includes a request for compensation for the victim's medical bills loss of income, pain and suffering, and other damages resulting from their injuries.
The defendant will then have 30 days to file a response, known as an answer in which they either admit or deny the allegations made in the complaint. They can also file an additional counterclaim or add a third-party defendant to the suit.
During the discovery phase, both sides will exchange relevant information about their positions and the evidence in the case. 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 there are settlement possibilities these will occur during this period. The case will proceed to trial if there is no settlement. During this period your lawyer will present your side of the story to a jury or judge and the defendant will take on their defense.
The Discovery Phase
The discovery phase is a formal process that permits your legal team and the at-fault party to exchange information and collect evidence. This could include witness statements, information regarding your medical treatment, and evidence of the losses you have incurred. Your attorney can also use various tools during discovery to assist your case, including interrogatories, documents requests and depositions. Requests for documents are the requests to provide all relevant documentation that is within the respective parties' control. Interrogatories require written responses. Requests for admission are written letters to the other party asking for them to acknowledge certain facts. This can cut down on time and cost as the attorneys don't need to prove their claims at trial. Depositions are live conversations with witnesses. During these interviews, your attorney can ask them questions about the incident under an oath. Their answers will be recorded and transcribing.
Although it may appear to be a long painful, invasive and uncomfortable process but it is an essential step to gather the evidence you need to win your case. Your attorney will be willing to go over the specifics of the discovery process with you during your no-cost consultation. For example, if you try to hide a prior condition that has aggravated your injury and this information is discovered during the discovery process and removed from your case.
The Negotiation Phase
Negotiating a settlement is the goal of most injury cases. injury lawsuit riverside of reaching this goal usually involves an exchange of information between your lawyer and the 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 assist you decide on the number you want to demand for your settlement, and then assist in negotiations.
The amount of damages, which includes medical bills, lost wages and future loss, is a factor that is constantly changing. Your injuries may get worse over time. This could increase future loss or reduce the value of current losses. Your attorney will work to ensure that your damages are dependent on the current condition of your injuries as well as a complete outlook for future recovery.
Insurance companies frequently attempt to limit the amount they pay by arguing against certain aspects of your claim. This can result in delay in settlement negotiations. However your lawyer has strategies to assist you in overcoming these hurdles and obtain the best outcome for your case. In certain cases the process of negotiating an agreement can be lengthy, sometimes even for years. Numerous factors influence how long settlement negotiations will last, but knowing the length to expect can make the process less stressful and more efficient for you.
The Trial Phase
While the majority of cases involving injuries are resolved by settlement negotiations outside of court, your attorney may decide to take your case to trial if a satisfactory solution is not reached. This can be a difficult long, expensive and costly procedure. The jury also has to decide whether the defendant is held liable for your injuries and what compensation you should be awarded. It is therefore important for your lawyer to conduct a thorough investigation of your case at this point to fully understand how you were injured, the extent of your injuries, the damages and expenses.
At this moment, your lawyer will call witnesses and experts to testify and provide evidence physical such as photographs, documents and medical reports. This is the "case-in-chief" phase. The defense attorney will call witnesses to testify as a defense, and argue that plaintiffs should not be awarded damages. The judge or jury decides on the arguments and evidence of both sides.
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 called jury instruction. Each side then presents its closing arguments. If the jury is unable to agree on a verdict the judge will declare that the trial is a mistrial. If you are not happy with the result of the trial, there could be an appeal available.