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injury law firms litigation is a legal process by which you can claim compensation for your injuries and losses. The lawyer representing you will utilize strong evidence to support your case, including eyewitness testimonies, medical documentation, defendant's statements, and expert witness opinions.
Your lawyer will then begin to file your lawsuit. Once the defendant has responded to the lawsuit, the case will move into a stage of fact-finding called discovery.
The Complaint
Before a lawsuit is filed, an injured party (plaintiff) must conduct pre-lawsuit discovery. This involves reviewing police accident reports as well as conducting informal discovery and identifying any potentially liable parties and legal remedies that can be asserted against them.
After the plaintiff has completed this, they can submit a summons and a complaint. The complaint details the damages caused by the defendant's or his inaction. It usually includes a request to recover damages to compensate the victim for their injuries, including medical bills, lost wages, pain and suffering and other damages.
The defendant is then given 30 days to file a response or answer in which they either admit or deny the allegations contained in the complaint. They may also make a counterclaim or add a third-party defendant to the suit.
During the discovery phase in the discovery stage, both parties exchange pertinent information about their positions and evidence. This process includes depositions (also called interrogatories) and written questions (also called interrogatories) as well as requests for documents. This is typically the most of the timeline for lawsuits. If there are settlement opportunities these will occur during this period. Otherwise the case will proceed to trial. During 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 allows your legal team and the party at fault to exchange information and gather evidence. This may include witness testimony, details of your medical treatment and evidence of the losses you've suffered. Your attorney may use a variety tools to assist you during discovery, such as interrogatories and requests for documents. Requests for documents are the requests to provide all relevant documents that is under each party's control. Interrogatories require written responses. Requests for admission ask the other party to acknowledge certain facts, which can save time and money since attorneys do not need to prove these uncontested facts at trial. Depositions are live, in-person interviews with witnesses, during which your attorney can ask them questions about the incident while under an oath. Their answers will be recorded and transcribed.
Discovery may seem like an uncomfortable, long and tedious process, but it is necessary to gather the evidence you require to win your injury claim. During your consultation for free the attorney will be able to explain the details of the discovery process. If you attempt to conceal an injury that has already been aggravated due to a preexisting medical condition This information could be discovered during the process of discovery and your case could be dismissed.
The Negotiation Phase
The majority of injury cases seek to reach a settlement through negotiation. The process to achieve this goal typically involves a back-and-forth exchange between your lawyer and the 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 you in deciding on the number 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 a variable that is constantly changing. Your injuries may worsen over time, which could increase your future losses and decrease the value of your current losses. Your lawyer will ensure that your damages are determined based on the severity of your injuries and the prognosis of future recovery.
Insurance companies typically attempt to limit the amount they pay by challenging certain elements of your claim. This can cause delays in settlement negotiations however, your lawyer has strategies to help you navigate these difficulties and achieve the best possible outcome for your case. In some cases, the process of negotiating an agreement can take months or even years. There are many factors that affect how long settlement negotiations take, but knowing what to expect will make the process less stressful and more efficient for injured you.
The Trial Phase
Most cases of injury are resolved without court through settlement negotiations. However, if there is no resolution your lawyer could decide to bring the case to trial. This is a costly and time-consuming process that can be stressful. It also requires the jury to decide whether the defendant is responsible for your injuries and how much money you are entitled to. Therefore, it is essential for your lawyer to thoroughly research your case prior to the trial to fully comprehend how you were injured and the extent of your injuries, damages and expenses.
At this point, your lawyer will summon witnesses and experts to testify. They will also provide evidence physical such as documents, photographs and medical reports. This is the "case-in-chief" phase. The defense attorney will then summon witnesses to testify and argue why the plaintiff should not be awarded damages. The judge or jury then decides on the arguments and evidence of both parties.
The judge will explain to the jury the legal standards that must be adhered to in order to decide whether to go in favor of plaintiff or against defendant. This is known as jury instruction. Following that, each side will present their closing arguments. If the jury cannot agree on a verdict and the judge declares a mistrial. In some rare cases, an appeal may be available if unhappy with the outcome of your trial.
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