7 Small Changes You Can Make That'll Make A Big Difference With Your Injury Litigation
Injury Litigation
The legal process that allows you to seek compensation for your injuries and losses. Your injury attorney will build solid evidence in your case, including eyewitness testimony, medical documentation testimony of the defendant, expert witness opinions.
Your lawyer will then submit your lawsuit. After the defendant has reacted to your lawsuit, the case goes into an investigation of facts, also known as discovery.
The Complaint
Before a lawsuit can be filed, an injured person (plaintiff) must conduct pre-lawsuit discovery. This includes studying police accident reports, making informal discovery, and identifying potential liable parties.
After the plaintiff has completed this, they can file a summons and complaint. The complaint is a formal declaration of the party who is being sued. It also describes the harm that was caused by the defendant's actions or inaction. The typical complaint will include a demand for compensation to compensate the victim for their injuries, including medical bills loss of wages as well as pain and suffering, among other damages.
The defendant is then given 30 days to file a reply called an answer, in which they admit or deny the allegations in the complaint. They can also add an additional defendant, or file an appeal.
During the discovery stage during the discovery phase, both parties will share relevant information regarding their positions and evidence. This includes depositions (also called interrogatories) as well as written questions (also known as interrogatories) and requests for documents. This is usually most of the time for an action. In this phase, if there are any settlement possibilities that are discussed, they will be discussed. Otherwise the case will go to trial. During this time the attorney will explain your case before a jury or judge and the defendant will take on their defense.
The Discovery Phase
Discovery is a formal phase that permits you and your legal team to share information with the other party and collect evidence. This may include witness testimony or details of your medical treatment, and proof of losses you have suffered. Your attorney may also employ different tools during discovery to help your case, such as interrogatories, requests for documents and depositions. Interrogatories are written questions that require a response written while requests for documents involve requesting all relevant documentation that is under the control of each party. Requests for admission are written requests to the other party asking them to admit certain facts. This can save time and money since attorneys do not need to prove their claims during trial. Depositions are recorded interviews with witnesses, where the attorney can question them about the incident under oath, and have their answers recorded and transcribing by a court reporter.
Although discovery can appear to be a long, intrusive and uncomfortable process, it is a necessary step to gather the evidence required for winning your injury case. Your attorney will be willing to go over the specifics of the discovery process in your free consultation. For instance, if try to hide a prior condition that has aggravated your injury, this information could be discovered in the process of discovery and thrown out of your case.
The Negotiation Phase
Reaching a negotiated settlement is the main goal of many injuries. The process of reaching this goal is usually an exchange of information between your lawyer and the responsible party's 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 determining the amount of settlement that you want to demand and then help in negotiations.
The amount of damages, such as medical bills, lost wages, and future losses, is a factor that is always changing. injury lawsuit gulfport of your injuries could increase over time, which could increase your losses in the future and decrease the value of your current losses. Your attorney will work to ensure that your damages are dependent on the current condition of your injuries, and provide a complete outlook for future recovery.
Insurance companies typically try to limit their payout by challenging certain elements of your claim. This can cause delays in settlement negotiations however, your lawyer has strategies to help you overcome these obstacles and get the most favorable outcome for your case. In some cases the process of negotiating an agreement can be lengthy, sometimes even for years. There are many factors that affect the length of time that settlement negotiations last, but understanding what to expect can make the process less stressful and more effective for you.
The Trial Phase
While the majority of cases involving injuries are resolved by settlement negotiations outside of court, your attorney may decide to bring your case to trial if an acceptable solution is not reached. This is a costly lengthy, time-consuming and stressful procedure. The jury must also decide if you are compensated for your injuries, and If so, what amount. Your lawyer must thoroughly research your case to understand the circumstances of your injuries, the severity of damages, injuries and costs.
At this stage, your attorney will summon witnesses and experts to testify and present evidence of physical nature, such as documents, photos, and medical reports. This is the "case-in-chief" phase. The defense attorney will summon witnesses to testify and argue why the plaintiff shouldn't be awarded damages. The jury or judge will then review the evidence and arguments presented by both parties.
The judge will then go over the legal requirements that must be met in order for the jury to come up with a verdict for the plaintiff and against the defendant. This is referred to as jury instruction. Then, each side presents their closing arguments. If the jury fails to reach a decision and the judge decides to declare a mistrial. In some rare cases appeals may be available in the event that you are unhappy with the outcome of your trial.