20 Myths About Injury Litigation: Dispelled

Injury Litigation

Legally, it is the procedure that allows you to seek compensation for your losses and injuries. Your injury claim attorney (visit the next page) will build strong evidence in your case that includes eyewitness testimony as well as statements of the defendant and expert witness opinions.

Your lawyer will file your lawsuit. After the defendant has reacted to the suit, it moves to the phase of fact-finding known as discovery.

The Complaint

Before a lawsuit is filed the person who suffered the injury compensation (plaintiff) must conduct a an investigation prior to filing a lawsuit. This includes reviewing police accident reports, conducting informal discovery, and identifying potential responsible parties.

Once the plaintiff has done this, they are able to file a summons and complaint. The complaint identifies who is the party who is being sued, and details the harm caused by the defendant's actions or inaction. It typically includes a demand for compensation for the victim's injuries, including medical bills and lost wages, pain and suffering and other damages.

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 make counterclaims or add a third party defendant to the suit.

During the discovery phase during the discovery phase, both parties will share pertinent information about their positions and the evidence. This typically includes 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 that are available, they will be negotiated during this period. Otherwise the case will go to trial. In this instance your attorney will be able to give your argument before a judge or a jury and the defendant will take on their defense.

The Discovery Phase

Discovery is a formal process that allows you and your legal team to share information with the other party and gather evidence. It could include witness statements, specifics regarding your medical treatment, and evidence of the losses you have incurred. Your attorney can utilize a variety of tools to aid you in discovery, such as interrogatories and requests for documents. Interrogatories are written questions that require a response written, while request for documents requires the submission of all relevant documents under the control of the parties. Requests for admission are written demands to the other side asking for their admission to certain facts. This could save time and money since attorneys don't need to prove their claims in court. Depositions are live interviews with witnesses. During these interviews, your attorney can ask them questions about the incident under the oath. Their responses will be recorded and transcribed.

Discovery can be an uncomfortable, lengthy and intrusive process, but it is essential to collect the evidence you need to be successful in your claim for compensation. During your free consultation the attorney can discuss the details of the discovery process. For instance, if try to hide a preexisting condition that has aggravated your injury, this information could be discovered during the discovery process and then thrown out of your case.

The Negotiation Phase

A settlement that is negotiated is the goal of most injury cases. The process to achieve this goal typically involves an exchange of information between your lawyer and the insurance company. This may include informal conversations/correspondence (by phone, Injury attorney in meetings, by email) where the parties trade offers and counter-offers. Your lawyer can assist you determine the best number to demand your settlement, and then assist in negotiations.

One of the challenges of the process of settling an injury case is that the amount you are owed which includes medical bills loss of income, future losses - is a dynamic factor. The severity of your injuries could increase over time, which may increase the amount of your future losses and reduce the amount of your current losses. Your lawyer will ensure that your damages are calculated based on your current injuries and the likelihood of future recovery.

Insurance companies often try to limit their payout by arguing about certain aspects of your claim. This can lead to an inability to settle settlement negotiations. However your lawyer can provide strategies to assist you in overcoming these obstacles and get the best possible outcome for your case. Negotiating an agreement may take months or years. There are many factors that affect how long settlement negotiations will be, but knowing what to expect will make the process less stressful and more efficient for you.

The Trial Phase

Although the majority of injury law cases are resolved through settlement talks outside of court, your attorney may choose to take your case to trial if a fair solution is not reached. This is an expensive and time-consuming process that can be stressful. It also requires the jury to decide if the defendant should be accountable for your injuries, and how much money you should receive. Your lawyer should thoroughly investigate your case to discover the circumstances of your injuries, the severity of injuries, injury attorney damages, and the costs.

At this moment, your lawyer will call witnesses as well as experts to testify and present evidence of physical nature, such as documents, photographs, and medical reports. This is known as the "case-in-chief" phase. The defense attorney will then call witnesses to testify and argue why the plaintiff should not be awarded damages. The judge or jury will then take into consideration the evidence and arguments made by both parties.

The judge will explain to the jury the legal standards that must be followed in order for them to decide in favor of the plaintiff or against the defendant. This is known as jury instruction. After that, both sides present their closing arguments. If the jury fails to reach a decision, the judge will declare a mistrial. If you are not happy with the result of your trial, there might be an appeal option.