Injury Litigation
Injury litigation is a legal procedure through which you can recover compensation for your injuries and losses. Your lawyer will use strong evidence to prove your case, such as eyewitness testimony, medical documents as well as the statements of the defendant and expert witness opinions.
Your lawyer will start the lawsuit. After the defendant responds to the lawsuit, the case moves to a fact-finding stage called discovery.
The Complaint
Before the lawsuit is filed, an injured party (plaintiff) must conduct pre-lawsuit discovery. This entails reviewing police accident reports and conducting informal discovery and identifying parties that could be liable and causes of action that may be argued against them.
After the plaintiff has completed this, they can file a summons and complaint. The complaint is a formal declaration of the party who is being sued, and exposes the harm caused by the defendant's conduct or lack thereof. It typically includes a demand for damages for injuries suffered by the victim, including medical bills, lost wages as well as pain and suffering, among other damages.
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 file counterclaims or include a third-party defendant in the suit.
During the discovery phase where both sides exchange pertinent information regarding their positions and the evidence in the case. This usually involves depositions, written questions (called interrogatories), and requests for documents. This is typically the majority of the lawsuit timeline. If there are settlement options that are available, they will be negotiated during this period. The case will then go to trial if there's no settlement. During this time the attorney will give your perspective before a judge or a jury and the defendant will take on their defense.
The Discovery Phase
Discovery is a formal stage that permits you and your legal team to exchange information with the other party and collect evidence. This can include witness statements, specifics about your medical treatment as well as proof of the damages you've suffered. Your attorney can use several tools to assist you during discovery, such as interrogatories or requests for documents. Requests for documents are the requests to provide all relevant evidence that is within the respective parties' control. Interrogatories require written responses. Requests for admission ask the other party to acknowledge certain facts. This can reduce time and cost since the attorneys don't have to prove these undisputed facts during trial. Depositions are live, in-person interviews with witnesses. Your attorney can ask them questions regarding the incident while under the oath. Their answers will be recorded and transcribing.
Although discovery can seem like a lengthy, intrusive and uncomfortable process however, it is an essential step to gather the evidence necessary to win your injury claim. During your consultation for free with your attorney, you can discuss the specifics of the discovery process. If you attempt to conceal an injury that has already been aggravated 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
Negotiating a settlement is the primary goal in most injuries. The process for achieving this goal typically 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 assist you decide on the number you want to demand your settlement and assist in negotiations.
One of the challenges of settling an injury claim is that the amount of your damages - including your medical bills or lost income as well as future losses - is a dynamic factor. Your injuries can get worse over time. This could lead to a rise in future losses or reduce the value of current losses. Your attorney will ensure that your damages are determined based on your current injuries and the prognosis of the future recovery.
Insurance companies frequently try to limit their payout by disputing certain elements of your claim. This can delay settlement negotiations however, your lawyer has strategies to help you navigate these challenges and reach the best possible outcome for your case. In some cases, the process of negotiating an agreement can be lengthy, sometimes even for years. There are many factors that affect how long settlement negotiations be, but knowing what to expect will make the process less stressful and more effective for you.
The Trial Phase
While most injury cases are resolved through settlement negotiations outside of court, your lawyer may choose to take your case to trial if an acceptable resolution cannot be reached. It is a stressful lengthy, costly and expensive procedure. The jury also has to decide whether the defendant should be held accountable for your injuries and what amount of compensation you should receive. Your lawyer should investigate your case to understand the circumstances surrounding your injury, as well as the severity of damages, injuries and the costs.
At this point, your lawyer will call witnesses and experts to testify and provide evidence physical such as documents, photographs, and medical reports. This is the "case-in-chief" phase. The defense attorney will call witnesses to testify for rebuttal and argue that plaintiffs should not be awarded damages. The jury or judge decides on the evidence and arguments of both parties.
The judge will then discuss the legal requirements which must be followed for the jury to rule in favor of the plaintiff and against the defendant. This is referred to as jury instruction. After that, both sides present their closing arguments. If the jury is not able to agree on a verdict the judge will declare that the trial a mistrial. If injury lawsuit hartford 're not satisfied with the results of the trial, there could be an appeal option.