The Most Prevalent Issues In Injury Litigation
Injury Litigation
Injury litigation is the legal process that allows you to collect compensation for your injuries and losses. Your injury attorney will build solid evidence in your case, including eyewitness testimony, medical records, defendant statements and expert witness opinions.
Your lawyer will then submit your 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 can be filed, the injured party (plaintiff) must conduct pre-lawsuit discovery. This includes reviewing police accident reports, conducting informal discovery and identifying defendants.
After the plaintiff has completed this, they are able to file a summons and complaint. The complaint details the damages caused by the defendant or his actions. It typically includes a request for compensation for the victim's medical expenses, lost income, suffering and other damages that result from their injuries.
The defendant is then given 30 days to file a reply or answer, in which they admit or deny the allegations contained in the complaint. They may also file an additional counterclaim or add a third-party defendant to the suit.
During the discovery stage the parties will exchange pertinent information about their positions and the evidence. This involves depositions (also known as interrogatories) as well as written questions (also called interrogatories), as well as requests for documents. This usually takes up the majority of the timeline for an action. If there are settlement options, they will take place during this period. The case will go to trial if there is no settlement. In this instance your attorney will be able to provide your case to a judge or jury and the defendant will put on their defense.
The Discovery Phase
Discovery is a formal stage that permits you and your legal team to exchange information with the other party and gather evidence. It could include witness statements and details about the treatment you received from your doctor, and evidence of losses you've suffered. Your attorney may use a variety tools to assist you during discovery, including interrogatories as well as requests for documents. Interrogatories are written inquiries that require a written response while requests for documents requires the submission of all relevant documents that fall under the control of the parties. Requests for admission are written demands to the other party requesting for them to acknowledge certain facts. This can save time and cost as the attorneys don't have to prove their case at trial. Depositions are live conversations with witnesses, during which your attorney can ask them questions about the incident under the oath. Their answers will be recorded and transcribed.
While it might appear to be a long, intrusive and uncomfortable process but it's a crucial step to gather the evidence you need to win your injury case. During your consultation for free your attorney will be able to discuss the specifics of the discovery process. For example, if you attempt to conceal a preexisting health issue that caused your injury to get worse it could be discovered in the process of discovery and removed from your case.
The Negotiation Phase
Most cases of injury aim to reach a settlement through negotiations. The process typically involves an exchange of back-and between your lawyer and the insurer of the party who is responsible. This may include informal conversations/correspondence (by phone, in meetings, by email) where the parties trade offers and counter-offers. Your lawyer can help you determine the best number to demand for your settlement and can then assist in negotiations.
The amount of damages, which includes medical bills, lost wages, and future losses, is a variable that is dynamic. Your injuries can get worse over time. This could lead to a rise in future losses or decrease the value of your current losses. Your attorney will ensure that damages are determined based upon your current injuries and your prognosis for future recovery.
Insurance companies often attempt to limit the amount they pay by challenging certain elements of your claim. injury lawsuit chino can prolong settlement negotiations however, your lawyer has strategies to help you overcome these challenges and reach the most favorable outcome for your case. In certain cases the process of negotiating an agreement can be lengthy, sometimes even for years. Negotiations can last for months or even years depending on a variety of factors.
The Trial Phase
Although the majority of injury cases are resolved through settlement negotiations, which are not in the courtroom, your attorney might choose to take your case to trial if a fair solution is not reached. This can be a costly, time-consuming and stressful process. The jury also has to decide whether the defendant is responsible for your injuries and what compensation you should be awarded. Your lawyer should investigate your case to determine the circumstances of your injuries, the severity of the injuries, damages and costs.
At this point, your attorney will call witnesses and experts to testify. They will also provide evidence physical such as documents, photos, and medical reports. This is the "case-in-chief" phase. The defense attorney will then call witnesses to testify and argue as to why the plaintiff shouldn't be awarded damages. The jury or judge weighs the arguments and evidence of both sides.
The judge will explain to jurors the legal standards that must be adhered to in order to decide in favor of plaintiffs or against defendants. This is called jury instruction. Each side will then present its closing arguments. If the jury fails to agree on a verdict and the judge declares a mistrial. If you are not happy with the results of the trial, there could be an appeal option.