selma injury law firm Litigation

Injury litigation is the legal process that allows you to recover compensation for your injuries and losses. Your injury lawyer will develop solid evidence for your case that includes eyewitness testimony, medical documents, defendant statements and expert witness opinions.

Your lawyer will bring your lawsuit. Once the defendant has responded to the suit, it moves to the phase of fact-finding known as discovery.

The Complaint

Before the lawsuit can be filed, an injured party (plaintiff) must conduct pre-lawsuit discovery. This involves reviewing police accident reports, conducting informal discovery, and identifying potential liable parties and possible causes of action that may be filed against them.

The plaintiff may then file an order with a complaint. The complaint is a formal declaration of the party who is being sued, and describes the harm that was caused by the defendant's conduct or inaction. The typical complaint will include a demand for damages for the victim's injuries, including medical bills and lost wages, pain and suffering and other damages.

The defendant has 30 days to respond, also known as an answer. In this response, the defendant can acknowledge or deny the allegations made in the complaint. They may also add third party defendants or make counterclaims.

During the discovery phase, both parties will exchange pertinent information about their positions and evidence. This process includes depositions (also called interrogatories), written questions (also called interrogatories) as well as requests for documents. This phase typically accounts for the most of the timeline for lawsuits. In this stage, if there are any settlement opportunities, these will be discussed. Otherwise the case will go to trial. During this time your lawyer will provide your side of the story before a jury or judge and the defendant will take on their defense.

The Discovery Phase

The discovery phase is a formal procedure that permits your legal team and the at-fault party to exchange information and gather evidence. It could include witness statements, details of your medical treatment and evidence of the losses you've suffered. Your attorney can also use different tools in discovery to help your case, such as interrogatories, documents requests and depositions. Requests for documents are the requests to provide all relevant documentation that are within each party's control. Interrogatories require written responses. Requests for admission require the other side to admit certain facts. This could save time and money as the attorneys don't have to prove these uncontested facts during trial. Depositions are live interviews of witnesses where your attorney is able to ask them questions about the incident under oath. get their answers recorded and transcribed by a court reporter.

Discovery may appear to be an uncomfortable, lengthy and tedious process, but it is necessary to gather the evidence needed to prove your injury claim. Your attorney will be willing to go over the specifics of the discovery process in your free consultation. If you attempt to conceal an injury that has already been aggravated due to a medical condition that was already present the information could be discovered during discovery and your case could be thrown out.

The Negotiation Phase

Reaching a negotiated settlement is the goal of most injuries. The process typically involves a exchange of back and Vimeo 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 assist you in deciding the amount of settlements you would like to seek and assist in negotiations.

The amount of damages, including medical bills, lost wages, and future losses, is a factor that changes. Your injuries can get worse over time, which could increase the amount of your future losses and reduce the value of your current losses. Your lawyer will ensure that damages are determined based on your current injuries and the likelihood of the future recovery.

In many cases insurance companies are trying to limit the amount they pay for claims by challenging certain aspects of your case. This can result in a delay in settlement negotiations. However, your lawyer will have strategies to help you overcome these hurdles and obtain the best possible result for your case. Negotiating an agreement may take months or years. Negotiations can last for months or even a whole year based on many different factors.

The Trial Phase

Most cases of injury are resolved without court through settlement negotiations. If the resolution isn't reached the lawyer could decide to bring the case to trial. This can be a costly lengthy, time-consuming and stressful procedure. The jury also has to decide if the defendant should be accountable for your injuries and the amount you will receive. It is crucial for your lawyer to conduct a thorough investigation of your case at this point to fully comprehend the nature of your injuries and the severity of your injuries, damages and expenses.

At this moment, your lawyer will summon witnesses and experts to testify and present evidence of physical nature, such as photographs, documents and medical reports. This is known as the "case-in-chief" phase. The defense attorney will call witnesses to testify on behalf of a rebuttal and argue that plaintiffs shouldn't be awarded damages. The judge or jury decides on the evidence and arguments of both parties.

The judge will then explain the legal requirements that must be met for the jury to rule in favor of the plaintiff and vimeo against the defendant. This is known as jury instruction. Each side then presents its closing arguments. If the jury cannot reach a decision then the judge declares a mistrial. If you're not satisfied with the results of your trial, there could be an appeal option.