20 Inspiring Quotes About Injury Litigation
Injury Litigation
Legally, it is the process that allows you to seek compensation for your injuries and losses. Your lawyer will create solid evidence in your case including eyewitness testimony, medical documents in the form of defendant statements, expert witness opinions.
Your lawyer will then begin to file your lawsuit. Once the defendant has responded, the case moves into the stage of fact-finding, which is known as discovery.
The Complaint
Before a lawsuit is filed, an injured person (plaintiff) must conduct pre-lawsuit discovery. This includes reviewing accident reports as well as conducting informal discovery and identifying any potentially liable parties and possible legal remedies that can be argued against them.
The plaintiff then has the option of filing an accusation and summons. The complaint identifies who is the party that is being sued and exposes the harm caused by the defendant's conduct or lack thereof. It usually includes a request for damages for injuries suffered by the victim, including medical bills as well as lost wages or income, as well as pain and other damages.
The defendant is then given 30 days to file a reply, known as an answer in which they acknowledge or deny the allegations in the complaint. They may also add third party defendants or make an appeal.
During the discovery phase the parties will exchange relevant information regarding their positions and the evidence. This usually involves depositions, written questions (called interrogatories) and requests for documents. This typically comprises the most of the timeline for lawsuits. If there are settlement opportunities, these will be discussed. The case will go to trial if there is no settlement. In this time the attorney will present your side of the tale before a judge or jury and the defendant will defend themselves.
The Discovery Phase
Discovery is a formal process that allows you and your legal team to share information with the other party and gather evidence. This may include witness statements, details regarding your medical treatment, and evidence of the losses that you have suffered. Your lawyer can also make use of several different tools in discovery to help your case, such as interrogatories, requests for lawsuits documentation and depositions. Interrogatories are written questions which require a response in writing as well as requests for documents require the submission of all relevant documents that fall under the control of each party. Requests for admissions require the other party to acknowledge certain facts. This can save time and money since the attorneys don't have to prove the facts uncontested in court. Depositions are live, in-person interviews with witnesses, where your attorney can ask them questions regarding the incident under the oath. Their answers will be recorded and transcribing.
Discovery may seem like an uncomfortable, long and time-consuming process, however it is essential to collect the evidence required to prove your injury claim. Your attorney will be in a position to discuss the details of the discovery process in your free consultation. For instance, if you try to hide a preexisting condition that has caused your injury lawsuit to worsen it could be discovered in the process of discovery and 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 is usually 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 amount of settlement you wish to seek and assist with negotiations.
One of the difficulties of the process of settling a claim for injury is that the amount of your damages which includes medical bills or lost income as well as future losses - is a constantly changing aspect. Your injuries could worsen over time. This could cause further losses or diminish the value of current losses. Your attorney will ensure that your damages are calculated based on your current injuries and the prognosis of the future recovery.
Often insurance companies attempt to limit their payouts for claims by challenging certain elements of your case. This can lead to delay in settlement negotiations. However, your lawyer will have strategies that will help you overcome these obstacles to get the best possible result for your case. The process of negotiating an agreement can be a lengthy process that can take months or years. Negotiations can last for months or even years depending on many different factors.
The Trial Phase
Although the majority of injury cases are resolved through settlement negotiations, which are not in the courtroom, your attorney might choose to take your case to trial if a satisfactory solution is not reached. It is a stressful, expensive and time-consuming procedure. The jury also has to decide if the defendant should be accountable for your injuries and what compensation you should be awarded. Your lawyer must thoroughly research your case to understand the circumstances surrounding your injury, as well as the severity of the injuries, damages and costs.
Your attorney will now call witnesses as well as experts and present physical evidence, such as photos documents, medical reports. This is referred to as the case-in-chief phase. The defense attorney will summon witnesses to testify and argue for the reasons why the plaintiff should not be awarded damages. The jury or judge weighs the evidence and arguments of both sides.
The judge will then discuss the legal requirements which must be followed for the jury to decide in favor of the plaintiff and against the defendant. This is referred to as jury instruction. Each side then makes its closing arguments. If the jury cannot reach a consensus then the judge declares a mistrial. If you're not satisfied with the outcome of the trial, there could be an appeal to be made.