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Injury Litigation
Injury litigation is the legal process that allows you to recover compensation for your losses and injuries. Your injury lawyer will develop strong evidence in your case by utilizing eyewitness testimony, medical documentation, defendant statements and expert witness opinions.
Your lawyer will start the lawsuit. After the defendant responds, the case enters a fact-finding stage called discovery.
The Complaint
Before a lawsuit can be filed, an injured person (plaintiff) must conduct pre-lawsuit discovery. This includes reviewing police accident reports, making informal discovery, and identifying potential responsible parties.
The plaintiff can then file a summons along with a complaint. The complaint describes the harm caused by the defendant's action or his actions. It typically includes a request for compensation for the victim's medical expenses, lost income, pain and 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 is able to admit or deny any allegations made in the complaint. They can also include an additional defendant, or file an appeal.
During the discovery phase in the discovery phase, both sides will exchange relevant information about their respective positions and evidence in the case. This usually includes depositions, written questions (called interrogatories), and requests for documents. This process usually occupies most of the time for the lawsuit. If settlement opportunities are available, they will take place during this period. The case will then proceed to trial if there is no settlement. In this time your lawyer will present your side to a jury or judge and the defendant will defend themselves.
The Discovery Phase
The discovery phase is a formal process that permits your legal team and the at-fault party to exchange information and collect evidence. It could include witness statements, information about your medical treatment and evidence of the losses you have incurred. Your attorney can also use several tools during discovery to help your case, such as interrogatories, documents requests and depositions. Interrogatories are written questions that require a response written as well as requests for documents involves requesting all relevant documentation that is under the control of the parties. Requests for admission are written requests to the other party requesting them to accept certain facts. This will save time and money as the attorneys do not have to prove the facts at trial. Depositions are live interviews with witnesses, during which your attorney can ask them questions about the incident under the oath. Their responses will be recorded and transcribed.
While discovery may seem like a long process that is invasive, uncomfortable and tedious but it's a crucial step to gather the evidence needed for winning your injury case. During your consultation for free the attorney can discuss the details of the discovery process. For instance, if try to hide a preexisting 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
The negotiation of a settlement is the goal of most injuries. This process usually involves a exchange of back and with your lawyer and the responsible party's insurer. 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 in determining the amount of settlement that you want to seek and assist in negotiations.
The amount of damages, such as medical bills, lost wages and future losses, is a variable that is constantly changing. Your injuries could get worse over time, which can increase your future losses and decrease the amount of your current losses. Your lawyer will ensure that damages are calculated based on your current injuries as well as the probability of future recovery.
In many cases insurance companies attempt to limit their payout for claims by challenging certain aspects of your case. This can prolong settlement negotiations however, your lawyer has strategies to help you overcome these obstacles and get the best possible outcome for your case. In some instances the process of negotiating an agreement could be a long process that can take months or even years. There are many factors that affect the length of time that settlement negotiations be, but knowing what to expect can make the process less stressful and more effective for you.
The Trial Phase
The majority of injury cases are resolved without court through settlement negotiations. If the resolution isn't reached the lawyer could decide to bring the case to trial. This is a stressful lengthy, costly and expensive process. injury law firm arlington will also have to decide if you are compensated for your injuries, and if so, how much. Therefore, it is essential for your lawyer to thoroughly investigate your case prior to the trial to fully understand the way you were injured, the extent of your injuries, the damages and costs.
At this moment, your lawyer will summon witnesses as well as experts to testify and present evidence of physical nature, such as documents, photographs, and medical reports. This is referred to as the case-in-chief phase. The defense attorney will call witnesses to testify as a defense and argue that the plaintiff should not be entitled to damages. The jury or judge weighs the arguments and evidence of both sides.
The judge will then outline the legal requirements to be met in order for the jury to come up with a verdict in favor of the plaintiff and against the defendant. This is known as jury instruction. After that, both sides present their closing arguments. If the jury fails to agree on a verdict and the judge decides to declare a mistrial. In some rare cases an appeal could be available if you are not satisfied with the result of your trial.