10 Reasons You'll Need To Learn About Injury Litigation
Injury Litigation
The process of suing for injury is a legal process that allows you to claim compensation for your injuries and losses. Your lawyer will create strong evidence in your case including eyewitness testimony, medical records in the form of defendant statements, expert witness opinions.
Your lawyer will then begin to file your lawsuit. After the defendant responds and the case is moved to an investigation stage, also known as discovery.
The Complaint
Before a lawsuit is filed the person who was injured (plaintiff), must conduct pre-lawsuit investigation. This includes reviewing police accident reports, conducting informal discovery and identifying potential defendants.
The plaintiff is then able to file an accusation and summons. The complaint identifies the party who is being sued. It also details the harm caused by the defendant's actions or inaction. It usually includes a request for compensation to compensate the victim for their injuries, including medical bills as well as lost wages or income, as well as pain and other damages.
The defendant has 30 days to respond, also known as an answer. In this response, the defendant can acknowledge or deny the allegations made in the complaint. They may also make an appeal 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 they have in the case. This process includes depositions (also known as interrogatories), written questions (also called interrogatories) as well as requests for documents. This is usually the majority of the timeframe for a lawsuit. If there are settlement options that are available, they will be negotiated during this time. The case will go to trial if there's no settlement. During this time your attorney will be able to give your side of the story to a judge or jury and the defendant will take on their defense.
The Discovery Phase
Discovery is a formal procedure that allows you and your legal team to share information with the other party and gather evidence. This may include witness testimony, details of your medical treatment, as well as evidence of the losses you've suffered. Your attorney can utilize a variety of tools to assist you during discovery, such as interrogatories and requests for documents. Requests for documents are essentially requests to provide all relevant evidence which is within each party's control. injury attorney bellingham require written responses. Requests for admissions require the other party to admit certain facts, which can save time and money as attorneys do not need to prove these undisputed facts during trial. Depositions are recorded interviews with witnesses where your attorney can question them about the incident under oath. They will get their answers recorded and transcribing by a court reporter.
While it might appear to be an lengthy process that is invasive, uncomfortable and tedious but it is an essential step to gather the evidence needed for winning your injury case. During your free consultation the attorney can discuss the details of the discovery process. For instance, if you try to hide a prior condition that has aggravated your injury or aggravated, the information could be discovered in the process of discovery and dismissed from your case.
The Negotiation Phase
Reaching a negotiated settlement is the aim of the majority of lawsuits involving injuries. This process usually involves a back and with your lawyer and that of the insurer of the responsible party. 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 deciding the amount of settlements you would like to seek and assist in negotiations.
One of the challenges of settling an injury claim is that the amount you are owed (including medical bills as well as lost income and future losses - is a dynamic aspect. Your injuries could get worse over time, which could increase the amount of your future losses and reduce the amount of your current losses. Your lawyer will ensure that your damages are determined by the current state of your injuries, and provide an accurate prognosis for your future recovery.
Insurance companies typically attempt to limit the amount they pay by arguing against certain aspects of your claim. This can prolong settlement negotiations but your lawyer will have strategies to help you get through these challenges and reach the most favorable outcome for your case. In some instances, the process of negotiating an agreement can take months or even years. Numerous factors influence how long settlement negotiations be, but knowing what to expect will make the process easier and more efficient for you.
The Trial Phase
Most injury cases are resolved without court through settlement negotiations. If a resolution is not reached your lawyer could decide to proceed to trial. This can be a costly lengthy and time-consuming procedure that can be stressful. The jury must also decide if you are compensated for your injuries and, if so, how much. Your lawyer must thoroughly research your case to determine the circumstances surrounding your injuries, the amount of damages, injuries and costs.
Your lawyer will now call witnesses and experts and present physical evidence, such as photos or documents as well as medical reports. This is the "case-in-chief" phase. The defense attorney will summon witnesses to testify in argument against the plaintiff, and argue that the plaintiff should not be entitled to damages. The judge or jury then evaluates the evidence and arguments of both parties.
The judge will then go over the legal standards that must be met for the jury to decide for the plaintiff and against the defendant. This is known as jury instruction. Following that, each side will present their closing arguments. If the jury is not able to agree on a final verdict, the judge will declare that the trial a mistrial. In some rare cases appeals might be available if you're not satisfied with the outcome of your trial.