Injury Litigation
Legally, it is the process that allows you to recover compensation for your injuries and losses. Your injury attorney will build solid evidence in your case by utilizing eyewitness testimony, medical records as well as statements of the defendant and expert witness opinions.
Your lawyer will then start the lawsuit. After the defendant responds and the case is moved to an inquiry stage known as discovery.
The Complaint
Before a lawsuit can be filed, the injured person (plaintiff) must conduct pre-lawsuit discovery. This involves reading the police accident reports, conducting informal discovery and identifying possible at-fault parties.
The plaintiff can then file a summons with a complaint. The complaint identifies the party who is being sued and describes the harm caused by the defendant's conduct or lack thereof. It usually includes a request for compensation for the victim's medical expenses as well as lost income, pain and suffering, and other damages arising from their injuries.
The defendant has 30 days to respond, also referred to as an answer. In this response, the defendant is able to accept or deny the allegations made in the complaint. They can also add third party defendants or file an appeal.
During the discovery phase where both sides exchange relevant information about their positions and the evidence they have in the case. This typically involves depositions written questions (called interrogatories), and requests for documents. This is typically the most of the timeline for lawsuits. If there are settlement opportunities these will occur during this period. Otherwise the case will go to trial. In this time the attorney will present your side before a judge or jury and the defendant will defend themselves.
The Discovery Phase
The discovery phase is a formal procedure that allows your legal team and the at-fault party to exchange information and collect evidence. This could include witness statements, information regarding your medical treatment, and proof of the expenses that you have suffered. Your attorney can also use various tools in discovery to help your case, such as interrogatories, requests for documentation and depositions. Interrogatories are written queries which require a response in writing while requests for documents involve requesting all relevant documentation under the control of each party. Requests for admission ask the other side to admit certain facts. This can save time and money as lawyers do not have to prove these uncontested 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 transcribing.
Discovery can be an uncomfortable, lengthy and intrusive process, but it is essential to collect the evidence needed to be successful in your claim for compensation. Your attorney will be willing to go over the specifics of the discovery process with you during your no-cost consultation. If you try to hide a preexisting injury that worsened due to a medical condition that was already present, this information may be discovered during discovery and your case could be thrown out.
The Negotiation Phase
Most injury cases aim to reach a settlement through negotiation. The process of achieving this goal typically involves an exchange of information 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 choose the appropriate number to demand your settlement and can then assist in negotiations.
One of the difficulties of settlement of an injury claim is that the amount you are owed - including your medical bills, lost income, and future losses - is a dynamic factor. Your injuries could get worse over time. This could result in a rise in future losses or decrease the value of your current losses. Your attorney will ensure that damages are determined based on the severity of your injuries as well as the probability of the future recovery.
A lot of times insurance companies try to limit the amount they pay for claims by arguing against certain aspects of your case. This could delay settlement negotiations however, your lawyer can provide strategies to help you get through these difficulties and achieve the best possible outcome for your case. Negotiating a settlement can take months or years. Negotiations can last for months or even years based on many factors.
The Trial Phase
Most cases involving injuries are settled outside of court through settlement negotiations. However, if a resolution is not reached your lawyer could decide to proceed to trial. This can be a difficult costly and time-consuming process. The jury also has to decide whether the defendant should be held liable for your injuries and what compensation you will receive. It is therefore important for your lawyer to conduct a thorough investigation of your case in this phase to fully comprehend how you were injured and the extent of your injuries, damages and costs.
injury law firm norman will now summon witnesses as well as experts and present physical evidence, such as photographs or documents as well as medical reports. This is the "case-in-chief" phase. The defense attorney will call witnesses to testify on behalf of a counter argument and argue that the plaintiff should not receive damages. The jury or judge decides on the arguments and evidence of both parties.
The judge will explain to the jury the legal requirements which must be met in order for them to decide whether to go in favor of plaintiff or against defendant. This is known as jury instruction. Then, each side presents their closing arguments. If the jury cannot agree on a verdict, the judge will declare the trial a mistrial. In some rare cases, an appeal may be available in the event that you are not satisfied with the result of your trial.