Injury Litigation
Injury litigation is the legal process that allows you to recover compensation for your injuries and losses. Your injury lawyer will use strong evidence to prove your case, which includes eyewitness testimony, medical records defense counsel's statements, defendant's testimony, and expert witness opinions.
Your lawyer will then start the lawsuit. After the defendant has responded to the lawsuit, the case will move into a stage of fact-finding called discovery.
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Before a lawsuit is filed, the injured person (plaintiff), must conduct an investigation prior to filing a lawsuit. This involves reviewing police accident reports as well as conducting informal discovery and identifying parties that could be liable and causes of action that may be brought against them.
The plaintiff then has the option of filing an accusation and summons. The complaint outlines the harm caused by the defendant's or his inaction. It usually includes a request for damages for the victim's injuries including medical bills and lost wages or income, as well as pain and other damages.
The defendant is then given 30 days to file a reply which is referred to as an answer, in which they admit or deny the allegations in the complaint. They may also include a third party defendant or make counterclaims.
During the discovery phase during the discovery phase, both sides will share pertinent information regarding their positions and evidence in the case. This involves depositions (also known as interrogatories) as well as written questions (also called interrogatories) and requests for documents. This phase usually takes up most of the time for a lawsuit. If there are any settlement opportunities that are discussed, they will be discussed. Otherwise the case will go to trial. During this period, your attorney will tell your side of the story before a judge or jury and the defendant will defend themselves.
The Discovery Phase
Discovery is a formal phase that allows you and your legal team to exchange information with the other party and gather evidence. This may include witness testimony and details about the treatment you received from your doctor, and evidence of the losses you've suffered. Your attorney may use a variety tools to aid you in discovery, such as interrogatories and requests for documents. Interrogatories are questions that require a response written and requests for documents involve requesting all relevant documents under the control of the parties. Requests for admission ask the other party to admit certain facts. This could reduce time and cost since the attorneys do not have to prove the facts uncontested in court. Depositions are live interviews of witnesses, where the attorney can ask them questions about the incident under oath and have their answers recorded and transcribing by a court reporter.
While discovery may seem like a lengthy unpleasant, time-consuming and uncomfortable process however, it is an essential step to gather the evidence required to win your injury case. During your free consultation with your attorney, you will be able to discuss the specifics of the discovery process. For example, if you try to hide a preexisting health issue that caused your injury to get worse it could be discovered in the process of discovery and removed from your case.
The Negotiation Phase
Negotiating a settlement is the main goal of many injuries. The process of reaching this goal typically involves a back-and-forth exchange 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 help you decide on a number to demand for your settlement and then assist in negotiations.
One of the biggest challenges in the process of settling an injury case is that the amount of your damages which includes medical bills or lost income as well as future losses - is a constantly changing aspect. Your injuries may worsen over time, which could increase the amount of your future losses and reduce the value of your 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.
Often insurance companies try to limit their payout for claims by challenging certain aspects of your case. This could result in an inability to settle settlement negotiations. However, your lawyer will have strategies that will assist you in overcoming these obstacles and get the best possible result for your case. In some instances, the process of negotiating an agreement can be a long process that can take months or even years. Many factors affect the length of time that settlement negotiations be, but knowing what to expect can make the process less stressful and more effective for you.
The Trial Phase
Most cases of injury are resolved without court through settlement negotiations. If the resolution isn't reached the lawyer could decide to go to trial. This can be a costly, time-consuming and stressful process. It also requires the jury to decide if the defendant should be held liable for your injuries and the amount you should receive. Your lawyer should investigate your case in order to understand the circumstances surrounding your injuries, the severity of injuries, damages, and the costs.
At this stage, your attorney will summon witnesses and experts to testify, and present physical evidence such as documents, photos, and medical reports. This is known as the case-in-chief phase. The defense attorney will summon witnesses to testify for rebuttal and argue that the plaintiff should not be entitled to damages. The jury or judge weighs the arguments and evidence of both parties.
The judge will explain to the jury the legal requirements which must be met in order for them to decide in the favor of plaintiff or against defendant. This is known as jury instruction. Then, each side presents their closing arguments. If the jury cannot reach a consensus on a verdict and the judge declares a mistrial. In some rare instances appeals may be available if you are not satisfied with the outcome of your trial.