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Injury Litigation Injury litigation is the legal process that allows you to collect compensation for your losses and injuries. Your lawyer for injury will make use of strong evidence to support your case, such as eyewitness testimony, medical documents in the form of statements from the defendant, as well as expert witness opinions. Your lawyer will then begin to file your lawsuit. When the defendant has responded and the case is moved to an investigation stage, also known as discovery. The Complaint Before the lawsuit can be filed, the injured person (plaintiff) must conduct pre-lawsuit discovery. This entails reviewing police accident reports as well as conducting informal discovery and identifying potential liable parties and available causes of action that can be asserted against them. After the plaintiff has completed this, they can file a summons and complaint. The complaint details the damages caused by the defendant or his inaction. It usually includes a request for compensation for the victim's medical bills loss of income, suffering and other damages that result from their injuries. The defendant is then given 30 days to file a reply which is referred to as an answer in which they either admit or deny the allegations made in the complaint. They can also add third party defendants or make a counterclaim. During the discovery phase in the discovery stage, both parties exchange relevant information regarding their positions and the evidence. This typically includes depositions, written questions (called interrogatories) and requests for documents. This usually accounts for the majority of the timeframe for a lawsuit. If there are settlement opportunities that are available, they will be negotiated during this period. If not the case will go to trial. During this time your lawyer will present your story to a jury or judge 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, specifics about your medical treatment and proof of the losses you've suffered. Your attorney can also use several tools during discovery to help your case, such as interrogatories, requests for documentation and depositions. Requests for documentation are requests to provide all relevant documents which is within each party's control. Interrogatories require written responses. Requests for admission ask the other party to accept certain facts, which can save time and money since attorneys do not need to prove the facts uncontested at trial. Depositions are live interviews with witnesses. During these interviews, your attorney can ask them questions about the incident while under oath. Their answers will be recorded and transcribed. Although discovery can seem like a long painful, invasive and uncomfortable process but it's a crucial step to gather the evidence you need to win your injury case. During your free consultation your attorney will be able discuss the specifics of the discovery process. For example, if you try to hide a prior condition that has caused your injury to worsen, this information could be discovered during the discovery process and removed from your case. The Negotiation Phase Negotiating a settlement is the aim of the majority of lawsuits involving injuries. This usually involves an exchange of back-and between your lawyer and the insurer of the responsible party. This may include informal conversations/correspondence (by phone, in meetings, by email) where the parties trade offers and counter-offers. Your lawyer can help you decide on the number you want to ask for your settlement and can then assist in negotiations. One of the difficulties of the process of settling a claim for injury is that the amount of your damages – including your medical bills loss of income, future losses – is a dynamic aspect. The severity of your injuries could increase over time, which could increase your future losses and decrease the amount of your current losses. Your attorney will ensure that your damages are determined based on the severity of your injuries and the prognosis of future recovery. In many cases insurance companies are trying to limit their payout for claims by arguing against some elements of your case. This could lead to delay in settlement negotiations. However, your lawyer can provide strategies to help you overcome these obstacles to get the best possible result for your case. In injury claim redwood city of negotiating an agreement could take months or even years. Negotiations can take months or even a whole year based on various factors. The Trial Phase While most injury cases are resolved through settlement negotiations, which are not in the courtroom, your attorney might decide to bring your case to trial if a fair solution is not reached. This is a costly lengthy and time-consuming procedure that can be stressful. The jury will also have to decide if you should be compensated for your injuries, and If so, what amount. It is crucial for your lawyer to conduct a thorough investigation of your case in this phase to fully understand the extent of your injuries and the extent of your injuries, damages and costs. At this point, your lawyer will call witnesses and experts to testify. They will also provide evidence in the form of photographs, documents and medical reports. This is the “case-in-chief” phase. The defense attorney will then summon witnesses to testify in rebuttal and argue for the reasons why the plaintiff shouldn't be awarded damages. The judge or jury will then consider the evidence and arguments made by both parties. The judge will explain to the jury the legal standards that must be followed in order to decide in the favor of the plaintiff or against the defendant. This is referred to as jury instruction. Then, each side presents their closing arguments. If the jury fails to reach a consensus and the judge decides to declare a mistrial. In rare instances appeals might be available if unhappy with the outcome of your trial.