Injury Litigation: 10 Things I'd Like To Have Learned In The Past
Injury Litigation
Injuries litigation is a legal process by which you can claim compensation for your injuries and losses. Your lawyer will create solid evidence for your case, including eyewitness testimony, medical documents, defendant statements and expert witness opinions.
Your lawyer will then submit your lawsuit. After the defendant has replied to your lawsuit, the case goes into the phase of fact-finding known as discovery.
The Complaint
Before the lawsuit is filed, an injured party (plaintiff) must conduct pre-lawsuit discovery. This involves studying the police accident reports, conducting informal discovery and identifying possible defendants.
The plaintiff may then file a summons along with a complaint. The complaint details the damage caused by the defendant's action or his actions. The typical complaint will include a demand for compensation for medical bills and lost income, as well as suffering and other damages arising from their injuries.
The defendant will then have 30 days to file a response which is referred to as an answer or answer, in which they accept or deny the allegations contained in the complaint. They can also add an additional defendant from a third party or file a counterclaim.
During injury lawsuit syracuse during the discovery phase, both sides will share pertinent information regarding their respective positions and evidence in the case. This involves depositions (also known as interrogatories) as well as written questions (also known as interrogatories) as well as requests for documents. This is typically the majority of the timeframe for a lawsuit. If there are settlement opportunities, they will take place during this period. In the event that there is no settlement, the case will progress to trial. During this time the attorney will provide your case to a jury or judge and the defendant will put on their defense.
The Discovery Phase
The discovery phase is a formal procedure that allows your legal team and the at-fault party to exchange information and gather evidence. This may include witness testimony and details about the treatment you received from your doctor, and evidence of the losses you've suffered. Your attorney can also use various tools during discovery to assist your case, including interrogatories and requests for documents and depositions. Requests for documentation are requests to supply all relevant documentation which is within each party's control. Interrogatories require written responses. Requests for admissions ask the other party to acknowledge certain facts. This can help save time and money because attorneys do not need to prove these undisputed facts in court. Depositions are recorded interviews with witnesses, where the attorney can interview them about the incident under oath. They will get their answers recorded and transcribed by a court reporter.
Discovery may appear to be an uncomfortable, long and invasive process, but it's necessary to collect the evidence required to be successful in your claim for compensation. During your consultation for free, your attorney will be able discuss the specifics of the discovery process. If you attempt to conceal an injury that was already present and aggravated due to a medical condition that was already present the information could be discovered during the process of discovery and your case could be dismissed.
The Negotiation Phase
Most injury cases aim to settle the case through negotiations. The process of reaching 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 determining the amount of settlements you would like to seek and assist with negotiations.
One of the challenges of settling an injury claim is that the amount of your damages - including your medical bills, lost income, and future losses - is a dynamic aspect. Your injuries could get worse over time, which can increase your future losses, and reduce the value of your current losses. Your attorney will ensure that damages are determined based on your current injuries and the likelihood of the future recovery.
Often, insurance companies are trying to limit the amount they pay for claims by arguing against certain aspects of your case. This can lead to a delay in settlement negotiations. However, your lawyer will have strategies that will help you overcome these obstacles to get the best possible outcome for your case. In some cases the process of negotiating an agreement can be lengthy, sometimes even for years. Many factors affect how long settlement negotiations take, but knowing what to expect will make the process less stressful and more effective for you.
The Trial Phase
Most injury cases are resolved outside of court through settlement negotiations. If a resolution is not reached the lawyer could decide to bring the case to trial. This is an expensive, time-consuming and stressful process. The jury will also have to decide if you should be compensated for your injuries and should they, if so, in what amount. Your lawyer must thoroughly investigate your case to determine the circumstances surrounding your injuries, the amount of damages, injuries, and costs.
Your attorney will now summon witnesses and experts and present physical evidence, such as photographs, documents, and medical reports. This is referred to as the case-in-chief phase. The defense attorney will call witnesses to testify and argue why the plaintiff shouldn't be awarded damages. The judge or jury then considers the evidence and arguments of both sides.
The judge will then discuss the legal requirements that must be met in order for the jury to come up with a verdict in favor of the plaintiff and against the defendant. This is referred to as jury instruction. Each side then gives its closing arguments. If the jury cannot agree on a verdict, the judge will declare the trial a mistrial. In rare instances appeals may be available if you are not satisfied with the results of your trial.