10 Mistaken Answers To Common Injury Litigation Questions: Do You Know The Right Ones?
Injury Litigation
Injury litigation is the legal process that allows you to collect compensation for your losses and injuries. Your lawyer for injury will make use of strong evidence to prove your case, including eyewitness testimonies, medical documentation, defendant's statements, and expert witness opinions.
Your lawyer will then begin to file your lawsuit. After the defendant has responded, the case moves into a stage of fact-finding called discovery.
The Complaint
Before the lawsuit can be filed, the injured party (plaintiff) must conduct pre-lawsuit discovery. This includes reviewing accident reports, conducting informal discovery, and identifying potentially liable parties and possible causes of action that can be asserted against them.
Once the plaintiff has done this, they are able to start a summons as well as a complaint. The complaint outlines the harm caused by the defendant's actions or his actions. The typical complaint will include a demand for compensation for medical bills, lost income, pain and suffering, and other damages related to their injuries.
The defendant then has 30 days to file a reply, known as an answer, in which they admit or deny the allegations in the complaint. They may also add a third party defendant or make an appeal.
During the discovery phase the parties will exchange pertinent information about their positions and the evidence. This phase includes depositions (also called interrogatories) as well as written questions (also known as interrogatories) as well as requests for documents. This phase typically accounts for the major portion of the litigation timeline. If there are any settlement opportunities the possibility of settlement will be discussed. injury lawsuit ogden will go to trial if there's no settlement. In this instance your lawyer will present your side of the story to a jury or judge and the defendant will take on their defense.
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. This could include witness statements, specifics about your medical treatment and proof of the losses you've incurred. Your attorney can use several tools to aid you in discovery, such as interrogatories and requests for documents. Interrogatories are written queries that require a written response and requests for documents require the submission of all relevant documentation that is under the control of each party. Requests for admission are letters to the other side asking them to accept certain facts. This will save time and cost 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 oath. Their responses will be recorded and then transcribed.
Although discovery can appear to be a long unpleasant, time-consuming and uncomfortable process but it is an essential step to gather the evidence you need to win your injury case. During your free consultation, your attorney will be able discuss the details of the discovery process. If you attempt to conceal an injury that was already present and aggravated due to a preexisting medical condition the information could be found out during discovery and your case could be thrown out.
The Negotiation Phase
Most injury cases aim to reach a settlement through negotiations. This process usually involves a back and forth between your lawyer and that of 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 assist in determining the amount of settlement you wish to demand and then help with negotiations.
The amount of damages, such as medical bills, lost wages, and future losses, is an aspect that changes. The severity of your injuries could increase over time, which could increase your future losses and decrease the value of your current losses. Your lawyer will ensure that your damages are calculated based on your current injuries and your prognosis for the future recovery.
Most often, insurance companies are trying to limit their payouts for claims by challenging certain aspects of your case. This can result in delays in settlement negotiations. However, your lawyer will have strategies to help you overcome these obstacles to get the best possible result for your case. Negotiating an agreement may take months or years. Many factors affect the length of time settlement negotiations last, but knowing the length to expect will make the process less stressful and more efficient for you.
The Trial Phase
While the majority of injuries cases are resolved through settlement talks outside of court, your lawyer may decide to take your case to trial if a fair resolution cannot be reached. It is a stressful, expensive and time-consuming process. The jury will also have to decide if you should be compensated for your injuries, and in the event that they do, how much. It is therefore important for your lawyer to conduct a thorough investigation of your case at this stage to fully understand the way you were injured and the extent of your injuries, damages and expenses.
Your lawyer will now call witnesses as well as experts and present physical evidence, such as photos documents, medical reports. This is the "case-in-chief" phase. The defense attorney will then summon witnesses to testify in rebuttal and argue that the plaintiff should not be awarded damages. The jury or judge decides on the arguments and evidence of both sides.
The judge will then go over the legal standards that must be met for the jury to rule for the plaintiff and against the defendant. This is known as jury instruction. Each side then gives its closing arguments. If the jury is unable to reach a decision, the judge will declare a mistrial. In some cases appeals may be available if you are not satisfied with the result of your trial.