Injury Litigation
Injury litigation is the legal procedure that allows you to collect compensation for your losses and injuries. Your injury lawyer will develop solid evidence for your case by utilizing eyewitness testimony, medical documents in the form of defendant statements, expert witness opinions.
Your lawyer will bring your lawsuit. After the defendant has replied to the lawsuit, the case will move into an investigation of facts, also known as discovery.
The Complaint
Before a lawsuit is filed, the injured person (plaintiff) must conduct a an investigation prior to filing a lawsuit. This involves reviewing the police accident reports, conducting informal discovery and identifying responsible parties.
After the plaintiff has completed this, they are able to submit a summons and a complaint. The complaint details the damage caused by the defendant or his actions. The typical complaint will include a demand for compensation for the victim's injuries, including medical bills loss of wages, pain and suffering and other damages.
The defendant has 30 days to respond, also referred to as an answer. In injury lawyer folsom , the defendant is able to acknowledge or deny the allegations made in the complaint. They can also add third party defendants or make counterclaims.
During the discovery phase where both sides exchange pertinent information regarding their positions and the evidence in the case. This includes depositions (also known as interrogatories) and written questions (also called interrogatories) as well as requests for documents. This is usually the majority of the timeline for the lawsuit. If there are settlement options that are available, they will be negotiated during this period. The case will go to trial if there is no settlement. During this period, your attorney will present your side of the story before a jury or judge and the defendant will take on their defense.
The Discovery Phase
Discovery is a formal procedure that permits you and your legal team to exchange information with the other party and collect evidence. This can include witness statements, details regarding your medical treatment, and proof of the losses you've suffered. Your attorney will have access to a variety of tools to help you during discovery, including interrogatories and requests for documents. Interrogatories are written questions which require a response in writing as well as requests for documents involves requesting all relevant documents that fall under the control of the parties. Requests for admission are letters to the other party asking for their admission to certain facts. This could save time and money since the attorneys don't need to prove their claims in court. Depositions are live conversations with witnesses, where your attorney can ask them questions about the incident under oath. Their answers will be recorded and then transcribed.
While discovery may seem like a lengthy, intrusive and uncomfortable process but it is an essential step to gather the evidence needed to win your injury claim. During your free consultation, your attorney will be able to discuss the details of the discovery process. If you attempt to conceal an injury that is preexisting and has gotten worse due to a preexisting medical condition The information could be discovered during the process of discovery and your case could be thrown out.
The Negotiation Phase
The majority of injury cases seek to settle through negotiations. The process typically involves an exchange of back-and forth between your lawyer and the insurer of the responsible party. 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 deciding on the amount of settlements you wish to negotiate and help with negotiations.
One of the difficulties of the process of settling an injury case is that the amount you are owed including medical expenses or lost income as well as future losses - is a constantly changing aspect. Your injuries could get worse over time. This could cause further losses or diminish the value of current losses. Your attorney will work to ensure that your damages are dependent on the current condition of your injuries and a full prognosis for future recovery.
Most often insurance companies are trying to limit their payouts for claims by challenging certain elements of your case. This can prolong settlement negotiations, but your lawyer has strategies to help you overcome these issues and get the best possible outcome for your case. Negotiating an agreement can sometimes take months or 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
While most injury cases are resolved by settlement negotiations outside of the courtroom, your attorney could decide to take your case to trial if a fair solution is not reached. This is a costly lengthy and time-consuming procedure that can be stressful. The jury also has to decide whether the defendant is accountable for your injuries, and the amount you should receive. It is therefore crucial for your lawyer to conduct thorough research on your case in this phase to fully understand the extent of your injuries and the severity of your injuries, damages and expenses.
At this point, your attorney will summon witnesses as well as experts to testify and provide evidence in the form of documents, photographs and medical reports. This is known as the case-in chief phase. The defense attorney will call witnesses to testify in argument against the plaintiff, and argue that plaintiffs shouldn't be awarded damages. The judge or jury then weighs the evidence and arguments of both sides.
The judge will explain to the jury the legal requirements that must be followed in order for them to decide in favor of the plaintiff or against the defendant. This is called jury instruction. Each side will then present its closing arguments. If the jury is unable reach a consensus and the judge declares a mistrial. In some rare instances appeals might be available if you are not satisfied with the outcome of your trial.