Injury Litigation
Injury litigation is the legal procedure that allows you to recover compensation for your losses and injuries. Your lawyer will use strong evidence to prove your case, such as eyewitness testimony from witnesses, medical records in the form of statements from the defendant, as well as expert witness opinions.
Your lawyer will then submit your lawsuit. Once the defendant has responded to the lawsuit, the case moves to an inquiry stage known as discovery.
The Complaint
Before filing a lawsuit the person who suffered the injury (plaintiff), must conduct an investigation prior to the filing of a lawsuit. This involves looking over the police accident reports, conducting informal discovery, and identifying potential responsible parties.
Once the plaintiff has done this, they are able to make a complaint and summons. The complaint details the damages caused by the defendant's actions or his actions. It usually includes a request for compensation for medical expenses and lost income, as well as suffering and other damages related to their injuries.
The defendant has 30 days to respond, also known as an answer. In this response, the defendant can accept or deny the allegations made in the complaint. They may also make a counterclaim or include a third-party defendant in the suit.
During the discovery phase in the discovery phase, both sides will exchange relevant information about their positions and evidence in the case. This typically involves depositions written questions (called interrogatories), and requests for documents. This phase typically accounts for the majority of the lawsuit timeline. In this phase, if there are any settlement options the possibility of settlement will be discussed. If not the case will go to trial. During this period the attorney will present your side before a judge or jury and the defendant will defend themselves.
The Discovery Phase
Discovery is a formal stage that allows you and your legal team to exchange information with the other party and gather evidence. This may include witness statements, specifics regarding your medical treatment, and proof of the expenses you've suffered. Your attorney can also use different tools in discovery to help your case, including interrogatories, documents requests and depositions. Requests for documents are the requests to supply all relevant documentation which is within each party's control. Interrogatories require written responses. Requests for admission are written demands to the other party asking for their admission to certain facts. This can save time and money as the attorneys do not need to prove their claims in court. Depositions are live conversations with witnesses. During these interviews, your attorney can ask them questions regarding the incident while under oath. Their responses will be recorded and then transcribed.
While it might appear to be an lengthy unpleasant, time-consuming and uncomfortable process, it is a necessary step to gather the evidence necessary to win your injury case. During your consultation for free the attorney can discuss the specifics of the discovery process. For example, if you try to hide a prior health issue that caused your injury to get worse it could be discovered in the process of discovery and then thrown out of your case.
The Negotiation Phase
Negotiating a settlement is the primary goal in most lawsuits involving injuries. The process of reaching this goal usually involves an exchange of information 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 amount of settlement that you want to demand and then help with negotiations.
One of the biggest challenges in the process of settling a claim for injury is that the amount you are owed - including your medical bills loss of income, future losses - is an evolving factor. Your injuries may worsen over time, which can increase your future losses, and reduce the value of your current losses. Your attorney will work to ensure that your damages are determined by the current state of your injuries as well as an accurate prognosis for your future recovery.
Insurance companies often attempt to limit the amount they pay by challenging certain elements of your claim. This can cause delays in settlement negotiations however, your lawyer can provide strategies to help you get through these difficulties and achieve the most favorable outcome for your case. Negotiating an agreement may take a long time or even years. Negotiations can take months or even a whole year based on various factors.
The Trial Phase
While most injury cases are resolved through settlement negotiations, which are not in the courtroom, your attorney might decide to take your case to trial if an acceptable resolution is not attainable. It is a costly and time-consuming process that can be stressful. It also requires the jury to decide whether the defendant is accountable for your injuries, and what compensation you should be awarded. Your lawyer should thoroughly investigate your case in order to understand the circumstances of your injury, the extent of damages, injuries and the costs.
Your attorney will now summon witnesses and experts and present physical evidence, such as photos or documents as well as medical reports. This is referred to as the case-in-chief phase. The defense attorney will then summon witnesses to testify in rebuttal and argue as to why the plaintiff should not be awarded damages. The jury or judge weighs the arguments and evidence of both sides.
The judge will then discuss the legal standards that must be met for the jury to come up with a verdict for the plaintiff and against the defendant. This is referred to as jury instruction. After injury attorney austin , both sides present their closing arguments. If the jury cannot reach an agreement on a verdict, the judge will declare that the trial a mistrial. In some rare instances an appeal could be available if you are not satisfied with the result of your trial.