Injury Litigation
The legal procedure that allows you to seek compensation for your injuries and losses. Your lawyer will create strong evidence for your case by utilizing eyewitness testimony, medical documentation, defendant statements and expert witness opinions.
Your lawyer will then begin to file your lawsuit. When the defendant has responded, the case enters the discovery phase, which is a process of finding facts.
The Complaint
Before a lawsuit can be filed, the injured person (plaintiff) must conduct pre-lawsuit discovery. This includes reviewing police accident reports as well as conducting informal discovery and identifying potentially liable parties and possible causes of action that may be argued against them.
After the plaintiff has completed this, they are able to submit a summons and a complaint. The complaint identifies who is the party who is being sued, and details the harm caused by the defendant's actions or lack thereof. It typically includes a demand to recover damages for injuries suffered by the victim, including medical bills and lost wages along with pain and suffering and other damages.
The defendant is then given 30 days to file a reply, known as an answer in which they either admit or deny the allegations made in the complaint. They can also file an appeal or add a third party defendant to the suit.
During the discovery phase where both sides exchange pertinent information regarding their respective positions and evidence in the case. This phase includes depositions (also known as interrogatories) as well as written questions (also known as interrogatories), as well as requests for documents. This typically comprises the most of the timeline for lawsuits. If there are settlement opportunities they will be made during this time. Otherwise the case will go to trial. During this time, your attorney will explain your perspective before a jury or judge and the defendant will put on their defense.
The Discovery Phase
The discovery phase is a formal procedure that allows your legal team and the at-fault party to exchange information and gather evidence. This may include witness testimony as well as details of your medical treatment, as well as proof of losses you have suffered. Your attorney can also use various tools during discovery to aid your case, including interrogatories, requests for documentation and depositions. Requests for documents are requests to supply all relevant documentation that is within the respective parties' control. Interrogatories require written responses. injury law firm lawton for admissions require the other party to accept certain facts. This could help save time and money because attorneys do not need to prove these facts in court. Depositions are live, in-person interviews with witnesses, where your attorney can ask them questions about the incident while under an oath. Their answers will be recorded and then transcribed.
While it might appear to be an lengthy painful, invasive and uncomfortable process but it's a crucial step to gather the evidence you need to win your case. Your lawyer will be able to discuss the specifics of the discovery process with you during your free consultation. For instance, if attempt to conceal a preexisting condition that has aggravated your injury or aggravated, the information could be discovered in the process of discovery and then thrown out of your case.
The Negotiation Phase
Most injury cases aim to settle the case through negotiations. This process usually involves a back and with your lawyer and the insurer of the party who is responsible. This may include informal conversations/correspondence (by phone, in meetings, by email) where the parties trade offers and counter-offers. Your lawyer can assist in deciding on the number of settlements you would like to seek and assist in negotiations.
The amount of damages, which includes medical bills, lost wages and future losses, is a factor that is always changing. Your injuries may get worse over time. This could cause further losses or diminish the value of current losses. Your attorney will ensure that damages are determined based on your current injuries and the prognosis of future recovery.
Often insurance companies are trying to limit their payouts for claims by arguing against specific aspects of your case. This can prolong settlement negotiations however, your lawyer has strategies to help you navigate these obstacles and get the most favorable outcome for your case. In some instances, the process of negotiating an agreement can be lengthy, sometimes even for years. Many factors affect how long settlement negotiations take, but knowing what to expect will make the process easier and more efficient for you.
The Trial Phase
While most injury cases are resolved by settlement negotiations outside of court, your attorney may choose to take your case to trial if a fair resolution cannot be reached. It is a costly, time-consuming and stressful process. The jury must also decide if you are compensated for your injuries and, in the event that they do, how much. It is crucial for your lawyer to thoroughly research your case at this point to fully understand the nature of your injuries and the extent of your injuries, damages and costs.
At this stage, your attorney will call witnesses as well as experts to testify and provide evidence in the form of documents, photos, and medical reports. This is known as the case-in chief phase. The defense attorney will then call witnesses to testify in rebuttal and argue that the plaintiff shouldn't be awarded damages. The judge or jury evaluates the arguments and evidence of both sides.
The judge will explain to jurors the legal standards which must be met in order for them to decide in the favor of plaintiff or against defendant. This is known as jury instruction. Afterwards, each side makes their closing arguments. If the jury is unable agree on a verdict and the judge declares a mistrial. If you are not happy with the results of your trial, there could be an appeal available.