Injury Litigation
Legally, it is the procedure that allows you to seek compensation for your injuries and losses. Your lawyer for injury will make use of strong evidence to support your case. This includes eyewitness testimony from witnesses, medical records in the form of statements from the defendant, as well as expert witness opinions.
Your lawyer will begin the process of filing your lawsuit. Once the defendant has responded, the case enters the discovery phase, which is a process of finding facts.
The Complaint
Before the lawsuit can be filed, the injured party (plaintiff) must conduct pre-lawsuit discovery. This includes reviewing police accident reports as well as conducting informal discovery and identifying potential liable parties and legal remedies that can be argued against them.
Once the plaintiff has done this, they can make a complaint and summons. The complaint is a formal declaration of the party that is being sued and exposes the harm caused by the defendant's actions or lack thereof. It usually includes a request to recover damages to compensate the victim for their injuries, including medical bills as well as lost wages, pain and suffering and other damages.
The defendant has 30 days to respond, also referred to as an answer. In this response, the defendant is able to admit or deny any allegations made in the complaint. injury settlement jackson can also file a counterclaim or add a third-party defendant the suit.
During the discovery phase the parties will exchange relevant information regarding their positions and the evidence. This typically includes depositions, written questions (called interrogatories) and requests for documents. This is typically the majority of the lawsuit timeline. In this stage, if there are any settlement opportunities, these will be discussed. Otherwise, the case will progress to trial. In this instance your lawyer will explain your side of the story before a judge or a jury and the defendant will put on their defense.
The Discovery Phase
The discovery phase is a formal process that allows your legal team and the at-fault party to exchange information and gather evidence. It could 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 help you during discovery, including interrogatories and requests for documents. Interrogatories are written inquiries that require a written response and requests for documents require the submission of all relevant documents under the control of the parties. Requests for admission are written demands to the other side asking for their admission to certain facts. This could save time and cost as the attorneys do not have to prove their case at trial. Depositions are live recordings of witnesses in which your attorney can interview them about the incident under oath. have their answers recorded and translated by a court reporter.
Although discovery can seem like a lengthy, intrusive and uncomfortable process but it is an essential step to gather the evidence necessary for winning your injury case. During your free consultation your attorney will be able to discuss the specifics of the discovery process. If you attempt to conceal an injury that is preexisting and has gotten worse due to a preexisting medical condition, this information may be found out during discovery and your case could be dismissed.
The Negotiation Phase
The majority of cases involving injuries aim to settle the case through negotiation. The process of reaching this goal is usually 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 in deciding on the amount of settlements you wish to negotiate and help with negotiations.
One of the biggest challenges in settling an injury claim is that the amount of your damages including medical expenses, lost income, and future losses - is a constantly changing factor. Your injuries could worsen over time. This could lead to a rise in future losses or decrease the value of your current losses. Your attorney will work to ensure that your damages are based on the current state of your injuries and an accurate prognosis for your future recovery.
Often, insurance companies are trying to limit their payouts for claims by arguing against certain aspects of your case. This could lead to delay in settlement negotiations. However your lawyer will have strategies to assist you in overcoming these hurdles and obtain the best possible result for your case. Negotiating an agreement can sometimes be a lengthy process that can take months or years. Many factors affect how long settlement negotiations take, but knowing what to expect will make the process less stressful and more effective for you.
The Trial Phase
Most cases of injury are resolved outside of court through settlement negotiations. However, if a resolution is not reached, your lawyer may decide to take the case to trial. It is a costly and time-consuming process that can be stressful. It also requires the jury to decide if the defendant should be held liable for your injuries and how much money you will receive. Your lawyer should investigate your case to determine the circumstances of your injuries, the severity of injuries, damages, and the costs.
Your attorney will now call witnesses and experts and present evidence, including photographs, documents, and medical reports. This is the "case-in-chief" phase. The defense attorney will summon witnesses to testify in argument against the plaintiff and argue that plaintiffs shouldn't be awarded damages. The jury or judge considers the evidence and arguments of both sides.
The judge will then go over the legal requirements that must be met in order for the jury to come up with a verdict for the plaintiff and against the defendant. This is known as jury instruction. Each side then gives its closing arguments. If the jury cannot agree on a verdict, the judge will declare that the trial is an unconstitutional trial. If you're not satisfied with the outcome of your trial, there may be an appeal available.