What's The Job Market For Injury Litigation Professionals?
Injury Litigation
Injury litigation is the legal process that allows you to recover compensation for your losses and injuries. Your lawyer will create strong evidence for your case including eyewitness testimony, medical documents, defendant statements and expert witness opinions.
Your lawyer will begin the process of filing your lawsuit. Once the defendant has responded to the lawsuit, the case will move into an investigation of facts, also known as discovery.
The Complaint
Before a lawsuit can be filed, an injured party (plaintiff) must conduct pre-lawsuit discovery. This includes reading police accident reports, making informal discovery and identifying liable parties.
The plaintiff is then able to file an accusation and summons. The complaint outlines the harm caused by the defendant or his inaction. It usually includes a request for compensation for the victim's medical expenses and lost income, as well as suffering and other damages resulting from their injury.
The defendant has 30 days to respond, referred to as an answer. In this response, the defendant has the option to admit or deny any allegations made in the complaint. They may also make counterclaims or add a third-party defendant the suit.
During the discovery stage in the discovery stage, both parties exchange pertinent information about their positions and evidence. This typically includes depositions, written questions (called interrogatories), and requests for documents. This is typically the most of the timeline for lawsuits. If there are settlement possibilities, they will take place during this period. The case will then proceed to trial if there is no settlement. During this time your lawyer will present your side of the story to a jury or judge and the defendant will defend themselves.
The Discovery Phase
Discovery is a formal procedure that allows you and your legal team to share information with the other party and collect evidence. This can include witness statements, details regarding your medical treatment, and proof of the expenses you've incurred. Your attorney can use several tools to help you during discovery, including interrogatories and requests for documents. Interrogatories are questions which require a response in writing as well as requests for documents involves requesting all relevant documentation that is under the control of each party. Requests for admission require the other party to accept certain facts. injury settlement scottsdale could save time and money since lawyers do not have to prove these uncontested facts at trial. Depositions are live discussions with witnesses. Your attorney can ask them questions regarding the incident while under the oath. Their responses will be recorded and transcribing.
Although it may seem like a lengthy process that is invasive, uncomfortable and tedious but it is an essential step to gather the evidence required to win your injury claim. Your attorney will be capable of discussing the details of the discovery process with you during your no-cost consultation. For example, if you try to hide a preexisting condition that has aggravated your injury and this information is discovered in the process of discovery and then thrown out of your case.
The Negotiation Phase
Negotiating a settlement is the primary goal in most lawsuits involving injuries. The process to achieve this goal typically involves 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 help decide on a number to demand your settlement and then assist in negotiations.
The amount of damages, such as medical bills, lost wages, and future losses, is an aspect that is constantly changing. Your injuries can get worse over time, which can increase your losses in the future and decrease the amount of your current losses. Your attorney will work to ensure that your damages are based on the current state of your injuries, and provide a full prognosis for future recovery.
A lot of times insurance companies try to limit their payout for claims by arguing against certain aspects of your case. This could lead to a delay in settlement negotiations. However your lawyer can provide strategies to help you overcome these hurdles and obtain the best outcome for your case. Negotiating an agreement may be a lengthy process that can take months or years. Many factors affect how long settlement negotiations be, but knowing what to expect can make the process less stressful and more efficient for you.
The Trial Phase
While the majority of injuries cases are resolved through settlement negotiations outside of court, your attorney may choose to take your case to trial if a satisfactory resolution is not attainable. It is a costly lengthy and time-consuming procedure that can be stressful. The jury will also have to decide if you should be compensated for your injuries and If so, what amount. Your lawyer must thoroughly research your case to discover the circumstances of your injuries, the severity of injuries, damages, and costs.
At this stage, your attorney will call witnesses as well as experts to testify and provide evidence in the form of documents, photographs and medical reports. This is referred to as the case-in-chief phase. The defense attorney will call witnesses to testify on behalf of a defense, and argue that plaintiffs should not be awarded damages. The jury or judge will then look at the evidence and arguments presented by both parties.
The judge will then discuss the legal standards to be met in order for the jury to come up with a verdict for the plaintiff and against the defendant. This is known as jury instruction. Each side then gives its closing arguments. If the jury cannot reach an agreement on a decision, the judge will declare that the trial a mistrial. In some rare instances appeals may be available if you are not satisfied with the result of your trial.
