Injury Litigation
Injury litigation is the legal procedure that allows you to seek compensation for your losses and injuries. Your injury lawyer will develop solid evidence for your case including eyewitness testimony in the form of defendant statements, expert witness opinions.
Your lawyer will start the lawsuit. When the defendant has responded then the case goes to an investigation stage, also known as discovery.
The Complaint
Before a lawsuit is filed the person who was injured (plaintiff), must conduct pre-lawsuit investigations. This includes looking over police accident reports, conducting informal discovery and identifying potential at-fault parties.
After the plaintiff has completed this, they are able to make a complaint and summons. The complaint identifies the party who is being sued and describes the harm caused by the defendant's conduct or inaction. It usually includes a request for compensation for the victim's medical bills, lost income, pain and suffering, and other damages related to their injuries.
The defendant has 30 days to respond, also referred to as an answer. In this response, the defendant has the option to accept or deny the allegations made in the complaint. injury settlement medford may also file an additional counterclaim or add a third-party defendant to the suit.
During the discovery phase during the discovery phase, both sides will share pertinent information regarding their positions and the evidence in the case. This involves depositions (also called interrogatories) and written questions (also called interrogatories) as well as requests for documents. This phase typically accounts for the majority of the lawsuit timeline. In this stage, if there are any settlement opportunities that are discussed, they will be discussed. In the event that there is no settlement the case will proceed to trial. During this time your lawyer will present your perspective before a jury or judge and the defendant will take on their defense.
The Discovery Phase
The discovery phase is a formal process that allows your legal team and the at-fault party to exchange information and collect evidence. This can include witness statements, details 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 or requests for documents. Interrogatories are written queries which require a response in writing as well as requests for documents require the submission of all relevant documentation under the control of the parties. Requests for admission are written letters to the other party requesting for their admission to certain facts. This can cut down on time and cost as the attorneys do not need to prove the facts in court. Depositions are live interviews with witnesses, where your attorney can ask them questions regarding the incident while under the oath. Their responses will be recorded and then transcribed.
Discovery may seem like an uncomfortable, long and time-consuming process, however it is necessary to gather the evidence you require to win your injury claim. Your lawyer will be willing to go over the specifics of the discovery process with you during your free consultation. For example, if you try to hide a preexisting condition that has aggravated your injury and this information is discovered in the process of discovery and then thrown out of your case.
The Negotiation Phase
Negotiating a settlement is the aim of the majority of injuries. The process for achieving this goal is usually a back-and-forth exchange between your lawyer and the responsible party's 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 assist in determining the amount of settlement you wish to seek and assist with negotiations.
One of the biggest challenges in the process of settling a claim for injury is that the amount you are owed (including medical bills as well as lost income and future losses - is a constantly changing factor. Your injuries could get worse as time passes, which could increase the amount of your future losses and reduce the amount of your current losses. Your attorney will ensure that your damages are determined based on the severity of your injuries as well as the probability of the future recovery.
Insurance companies often attempt to limit their payout by arguing against certain aspects of your claim. This could result in a delay in settlement negotiations. However your lawyer will have strategies to assist you in overcoming these obstacles and get the best possible outcome for your case. The process of negotiating an agreement can be a lengthy process that can take months or years. Numerous factors influence how long settlement negotiations will take, but knowing what to expect can 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 bring your case to trial if an acceptable resolution is not attainable. This is an expensive lengthy, time-consuming and stressful procedure. The jury will also have to decide if you are compensated for your injuries and, If so, what amount. It is crucial for your lawyer to thoroughly research your case at this stage to fully comprehend the nature of your injuries, the extent of your injuries, the damages and expenses.
Your attorney will now call witnesses and experts and present evidence, including photographs, documents, and medical reports. This is known as the case-in-chief phase. The defense attorney will then call witnesses to testify in rebuttal and argue for the reasons why the plaintiff shouldn't be awarded damages. The jury or judge will then review the evidence and arguments put forward by both parties.
The judge will explain to the jury the legal requirements that must be met in order to make a decision in favor of plaintiff or against defendant. This is referred to as jury instruction. Each side then makes its closing arguments. If the jury fails to agree on a verdict and the judge decides to declare a mistrial. If you are not happy with the results of your trial, there could be an appeal option.