20 Trailblazers Leading The Way In Injury Litigation
Injury Litigation
The process of suing for injury is a legal procedure through which you can recover compensation for your injuries and losses. Your injury lawyer will use strong evidence to support your case, such as eyewitness testimonies, medical documentation as well as the statements of the defendant and expert witness opinions.
Your lawyer will start the lawsuit. After the defendant has responded to your lawsuit, the case goes into the stage of fact-finding, which is known as discovery.
The Complaint
Before a lawsuit is filed the person who was injured (plaintiff) must conduct a pre-lawsuit investigations. This includes reviewing accident reports as well as conducting informal discovery and identifying parties that could be liable and possible causes of action that can be argued against them.
Once the plaintiff has done this, they can start a summons as well as a complaint. The complaint outlines the harm caused by the defendant's actions or his actions. It typically includes a demand for compensation for the victim's injuries including medical bills loss of wages as well as pain and suffering, among other damages.
The defendant will then have 30 days to file a reply which is referred to as an answer in which they either admit or deny the allegations made in the complaint. They may also add third party defendants or make an appeal.
During the discovery phase where both sides exchange relevant information about their positions and evidence in the case. This phase includes depositions (also known as interrogatories) and written questions (also known as interrogatories) and requests for documents. This phase usually takes up the majority of the timeline for the lawsuit. If there are settlement opportunities, these will be discussed. The case will then go to trial if there is no settlement. During this time your lawyer will explain your side of the story to a jury or judge and the defendant will defend themselves.
The Discovery Phase
Discovery is a formal process that allows you and your legal team to share information with the other party and collect evidence. It could include witness statements, details of the treatment you received from your doctor, and proof of losses you have suffered. Your lawyer may also employ different tools in discovery to help your case, including interrogatories, documents requests and depositions. Interrogatories are questions that require a written response and requests for documents requires the submission of all relevant documents under the control of the parties. Requests for admission require the other party to acknowledge certain facts, which can reduce time and cost since lawyers do not have to prove these facts at trial. Depositions are live conversations with witnesses where your attorney can ask them questions about the incident under oath and get their answers recorded and translated by a court reporter.
Discovery may appear to be an uncomfortable, lengthy and invasive process, but it is essential to gather the evidence you need to prove your injury claim. During your consultation for free with your attorney, you will be able discuss the specifics of the discovery process. For instance, if you attempt to conceal a preexisting 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
Most cases of injury aim to settle the case through negotiation. The process for achieving this goal is usually 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 assist in deciding the amount of settlement you wish to demand and then help with negotiations.
One of the issues with the process of settling a claim for injury is that the amount of your damages (including medical bills, lost income, and future losses - is a constantly changing factor. Your injuries may worsen over time, which could increase the amount of your future losses and reduce the value of your current losses. injury law firm lakeland will ensure that your damages are determined based on your current injuries and the prognosis of future recovery.
Often insurance companies attempt to limit the amount they pay for claims by challenging certain elements of your case. This can lead to a delay in settlement negotiations. However your lawyer can provide strategies to assist you in overcoming these obstacles to get the best possible outcome for your case. Negotiating a settlement can take months or even years. Numerous factors influence the length of time settlement negotiations take, but knowing what to expect will make the process easier and more efficient for you.
The Trial Phase
While the majority of cases involving injuries are resolved by settlement negotiations outside of court, your lawyer may decide to bring your case to trial if a fair resolution is not reached. This can be a costly and time-consuming process that can be stressful. It also requires the jury to decide whether the defendant is held liable for your injuries and the amount you should be awarded. Your lawyer should investigate your case in order to understand the circumstances of your injury, as well as the severity of the injuries, damages and costs.
Your attorney will now summon witnesses and experts, and will present physical evidence, including photographs documents, documents, and medical reports. This is the "case-in-chief" phase. The defense attorney will summon witnesses to testify in rebuttal and argue for the reasons why the plaintiff should not be awarded damages. The judge or jury will then consider the evidence and arguments put forward by both parties.
The judge will then explain the legal standards that must be met for the jury to rule for the plaintiff and against the defendant. This is known as jury instruction. Afterwards, each side makes their closing arguments. If the jury cannot agree on a decision, the judge will declare that the trial is a mistrial. In some rare cases appeals may be available if not satisfied with the outcome of your trial.