10 Things You'll Need To Know About Injury Litigation
Injury Litigation
Injuries litigation is the legal process that allows you to collect compensation for your injuries and losses. Your lawyer for injury will make use of strong evidence to prove your case, such as eyewitness testimony, medical records in the form of statements from the defendant, as well as expert witness opinions.
Your lawyer will start the lawsuit. After the defendant has responded to the lawsuit, the case will move into the phase of fact-finding known as discovery.
The Complaint
Before a lawsuit is filed the person who was injured (plaintiff), must conduct an investigation prior to the filing of a lawsuit. This includes reviewing police accident reports, conducting informal discovery and identifying potential at-fault parties.
After the plaintiff has completed this, they are able to file a summons and complaint. The complaint outlines the harm caused by the defendant's action or his inaction. It typically includes a demand to seek damages for the victim's injuries including medical bills loss of wages along with pain and suffering and other damages.
The defendant has 30 days to respond, also referred to as an answer. In this response, the defendant may admit or deny any claims made in the complaint. They can also add an additional defendant from a third party or file a counterclaim.
During the discovery stage, both parties will exchange pertinent information about their positions and the evidence. This usually includes depositions, written questions (called interrogatories), and requests for documents. This usually accounts for the most of the timeline for lawsuits. If there are settlement opportunities these will occur during this period. The case will go to trial if there's no settlement. During this time your lawyer will present your argument to a jury or judge and the defendant will take on their defense.
The Discovery Phase
Discovery is a formal phase that permits you and your legal team to exchange information with the other party and gather evidence. This can include witness statements, details regarding your medical treatment, and proof of the expenses you've incurred. Your attorney may also employ different tools during discovery to assist your case, such as interrogatories, documents requests and depositions. Interrogatories are written inquiries that require a written answer, while request for documents involves requesting all relevant documents under the control of each party. Requests for admission ask the other party to acknowledge certain facts. This can help save time and money because lawyers do not have to prove the facts uncontested during trial. Depositions are live conversations with witnesses, during which your attorney can ask them questions regarding the incident while under the oath. injury lawsuit cambridge will be recorded and then transcribed.
Although it may seem like a long unpleasant, time-consuming and uncomfortable process but it is an essential step to gather the evidence you need to win your injury case. Your attorney will be capable of discussing the details of the discovery process with you during your free consultation. For instance, if attempt to conceal a preexisting condition that has caused your injury to worsen it could be discovered during the discovery process and thrown out of your case.
The Negotiation Phase
A settlement that is negotiated is the main goal of many lawsuits involving injuries. The process of achieving this goal usually 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 help determine the best number to request for your settlement, and then assist in negotiations.
One of the challenges of the process of settling an injury case is that the amount of your damages - including your medical bills or lost income as well as future losses - is an evolving factor. Your injuries can get worse as time passes, which could increase your future losses, and reduce the value of your current losses. Your lawyer will ensure that your damages are determined based on the severity of your injuries and your prognosis for future recovery.
In many cases insurance companies attempt to limit their payouts for claims by challenging certain aspects of your case. This could lead to delay in settlement negotiations. However your lawyer will have strategies to help you overcome these obstacles and achieve the best possible result for your case. In certain cases negotiations to reach an agreement could be a long process that can take months or even years. Many factors affect the length of time settlement negotiations take, but knowing what to expect can make the process less stressful and more efficient for you.
The Trial Phase
While most injury cases are resolved by settlement negotiations outside of court, your attorney may decide to bring your case to trial if a satisfactory solution is not reached. It is a stressful costly and time-consuming process. The jury will also have to decide if you should be paid for your injuries and If so, what amount. It is crucial for your lawyer to conduct a thorough investigation of your case at this point to fully comprehend the extent of your injuries and the severity of your injuries, damages and expenses.
Your attorney will now summon witnesses and experts and present physical evidence, including photographs documents, documents, and medical reports. This is the "case-in-chief" phase. The defense attorney will call witnesses to testify on behalf of a rebuttal and argue that plaintiffs shouldn't be awarded damages. The judge or jury weighs the arguments and evidence of both sides.
The judge will then discuss the legal requirements to be met in order for the jury to find in favor of the plaintiff and against the defendant. This is called jury instruction. Each side will then present its closing arguments. If the jury cannot reach an agreement on a verdict, the judge will declare that the trial a mistrial. If you are not happy with the results of your trial, there might be a right to appeal.