Injury Litigation
Injuries litigation is the legal procedure that allows you to seek compensation for your losses and injuries. Your lawyer for injury will construct strong evidence for your case that includes eyewitness testimony, medical records, defendant statements and expert witness opinions.
Your lawyer will start the lawsuit. After the defendant responds and the case is moved to the discovery phase, which is a process of finding facts.
The Complaint
Before the lawsuit is filed, an injured party (plaintiff) must conduct pre-lawsuit discovery. This involves reviewing police accident reports and conducting informal discovery and identifying any potentially liable parties and possible legal remedies that can be brought against them.
The plaintiff can then file a summons along with a complaint. The complaint details the damage caused by the defendant's or his actions. The typical complaint will include a demand for compensation for medical expenses and lost income, as well as suffering and other damages that result from their injury.
The defendant has 30 days to respond, also known as an answer. In this response, the defendant is able to admit or deny any allegations made in the complaint. They may also include an additional defendant from a third party or make counterclaims.
During the discovery stage in the discovery stage, both parties exchange pertinent information about their positions and the evidence. This typically involves depositions written questions (called interrogatories), and requests for documents. This is usually the majority of the timeframe for a lawsuit. During this phase, if there are any settlement options that are discussed, they will be discussed. The case will proceed to trial if there's no settlement. During this period the attorney will present your side of the tale to a jury or judge and the defendant will defend themselves.
The Discovery Phase
The discovery phase is a formal process that allows your legal team and the at-fault party to exchange information and gather evidence. This can include witness statements, information regarding your medical treatment, as well as proof of the damages you've incurred. Your lawyer may also employ various tools during discovery to assist your case, such as interrogatories, documents requests and depositions. Requests for documents are the requests to provide all relevant evidence that is within the respective parties' control. Interrogatories require written responses. Requests for admission are letters to the other side asking for them to acknowledge certain facts. This could save time and cost as the attorneys don't have to prove the facts in court. Depositions are recorded interviews with witnesses, where the attorney can inquire about the incident under oath and have their answers recorded and transcribing by a court reporter.
While it might seem like a long unpleasant, time-consuming and uncomfortable process but it's a crucial step to gather the evidence you need to win your injury case. During your free consultation your attorney will be able to discuss the details of the discovery process. For instance, if try to hide a prior health issue that caused your injury to get worse and this information is discovered in the process of discovery and removed from your case.
The Negotiation Phase
A settlement that is negotiated is the goal of most lawsuits involving injuries. This usually involves an exchange of information 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 determining the amount of settlement that you want to request and assist with negotiations.
The amount of damages, which includes medical bills, lost wages and future losses, is an aspect that changes. Your injuries could get worse over time, which may increase the amount of your future losses and reduce the value of your current losses. injury attorney loveland will ensure that damages are determined based on your current injuries and your prognosis for future recovery.
Insurance companies typically attempt to limit the amount they pay by arguing against certain aspects of your claim. This can cause delays in settlement negotiations however, your lawyer can provide strategies to help you navigate these challenges and reach the best possible outcome for your case. The process of negotiating an agreement can take a long time or even years. Many factors affect how long settlement negotiations take, but knowing what to expect can make the process less stressful and more efficient for you.
The Trial Phase
While the majority of injuries cases are resolved through settlement negotiations outside of court, your lawyer may choose to take your case to trial if a satisfactory resolution cannot be reached. This is a stressful costly and time-consuming procedure. The jury will also have to decide if you are compensated for your injuries and, if so, how much. Your lawyer should investigate your case to understand the circumstances of your injuries, the severity of injuries, damages, and the costs.
Your attorney will now summon witnesses and experts, and will present physical evidence, like photographs, documents, and medical reports. This is known as the case-in-chief phase. The defense attorney will then call witnesses to testify in rebuttal and argue as to why the plaintiff should not be awarded damages. The judge or jury decides on the arguments and evidence of both sides.
The judge will then outline the legal requirements which must be followed for the jury to find in favor of the plaintiff and against the defendant. This is known as jury instruction. Each side then makes its closing arguments. If the jury cannot reach an agreement on a decision, the judge will declare the trial an unconstitutional trial. In rare instances, an appeal may be available if you are not satisfied with the result of your trial.