7 Simple Changes That Will Make The Biggest Difference In Your Injury Litigation
Injury Litigation
Injury litigation is the legal process that allows you to recover compensation for your injuries and losses. Your lawyer will create strong evidence for your case, including eyewitness testimony, medical records testimony of the defendant, expert witness opinions.
Your lawyer will then start the lawsuit. When the defendant has responded to the lawsuit, the case moves to the discovery phase, which is a process of finding facts.
The Complaint
Before a lawsuit is filed the person who was injured (plaintiff) must conduct a an investigation prior to the filing of a lawsuit. This entails reviewing police accident reports and conducting informal discovery and identifying potentially liable parties and available causes of action that may be brought against them.
The plaintiff is then able to file an order with a complaint. The complaint describes the harm caused by the defendant's or his actions. It typically includes a demand for damages for injuries suffered by the victim, including medical bills, lost wages, pain and suffering and other damages.
The defendant then has 30 days to file a reply or answer in which they acknowledge or deny the allegations in the complaint. They may also make an appeal or add a third-party defendant to the suit.
During the discovery stage the parties will exchange relevant information regarding their positions and evidence. This typically includes depositions, written questions (called interrogatories) and requests for documents. This is usually the majority of the timeframe for the lawsuit. If there are settlement opportunities that are available, they will be negotiated during this period. In the event that there is no settlement the case will go to trial. In this instance your lawyer will provide your side of the story to a judge or jury and the defendant will put on their defense.
The Discovery Phase
Discovery is a formal phase that allows you and your legal team to exchange information with the other party and collect evidence. This could include witness statements, specifics regarding your medical treatment, and evidence of the losses you've suffered. Your attorney may use a variety tools to aid you in discovery, such as interrogatories or requests for documents. Requests for documents are requests to provide all relevant evidence that is under each party's control. injury lawsuit richmond require written responses. Requests for admission are written requests to the other party asking them to accept certain facts. This will save time and money as the attorneys don't have to prove their case in court. Depositions are recorded interviews with witnesses where your attorney is able to ask them questions about the incident under oath. They will get their answers recorded and translated by a court reporter.
While discovery may appear to be a long unpleasant, time-consuming and uncomfortable process but it's a crucial step to gather the evidence necessary to win your injury claim. During your free consultation your attorney can discuss the specifics of the discovery process. If you try to hide an injury that is preexisting and has gotten worse due to a medical condition that was already present, this information may be discovered during the process of discovery and your case could be dismissed.
The Negotiation Phase
The majority of injury cases seek to settle the case through negotiations. The process of achieving this goal usually involves 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 you in deciding the amount of settlement that you want to demand and then help with negotiations.
The amount of damages, including medical bills, lost wages and future losses, is an aspect that is always changing. Your injuries can get worse over time, which can increase your future losses, and reduce the value of your current losses. Your attorney will ensure that your damages are determined based on your current injuries as well as the probability of the future recovery.
Insurance companies frequently attempt to limit their payout by disputing certain elements of your claim. This could delay settlement negotiations but your lawyer will have strategies to help you navigate these issues and get the most favorable outcome for your case. In certain cases negotiations to reach an agreement can be lengthy, sometimes even for years. There are many factors that affect the length of time that settlement negotiations last, but knowing the length to expect will make the process less stressful and more efficient for you.
The Trial Phase
The majority of injury cases are resolved outside of court through settlement negotiations. However, if there is no resolution your lawyer could decide to go to trial. This can be a costly and time-consuming process that can be stressful. The jury must also decide if you are compensated for your injuries and, should they, if so, in what amount. Your lawyer must thoroughly investigate your case in order to understand the circumstances of your injuries, the amount of the injuries, damages and costs.
At this point, your lawyer will summon witnesses and experts to testify, and present evidence of physical nature, such as photographs, documents and medical reports. This is 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 will then consider the evidence and arguments made by both parties.
The judge will then go over the legal standards that must be met for the jury to rule in favor of the plaintiff and against the defendant. This is referred to as jury instruction. Each side then gives its closing arguments. If the jury fails to reach a consensus on a verdict and the judge declares a mistrial. In some rare instances an appeal could be available in the event that you are not satisfied with the result of your trial.