Injury Litigation
The legal process which allows you to claim compensation for your losses and injuries. Your lawyer will create solid evidence for your case including eyewitness testimony, medical documentation, defendant statements and expert witness opinions.
Your lawyer will start the lawsuit. When the defendant has responded then the case goes to an inquiry stage known as discovery.
The Complaint
Before the lawsuit can be filed, an 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 legal remedies that can be filed against them.
The plaintiff may then file an order with a complaint. The complaint describes the harm caused by the defendant's actions or his inaction. It typically includes a request for compensation for medical expenses and lost income, as well as suffering and pain, and other damages arising from their injury.
The defendant has 30 days to respond, also referred to as an answer. In this response, the defendant has the option to acknowledge or deny the allegations made in the complaint. They may also include an additional defendant from a third party or make a counterclaim.
During the discovery stage, both parties will exchange relevant information regarding their positions and evidence. This includes depositions (also known as interrogatories) and written questions (also known as interrogatories) and requests for documents. This process usually occupies the majority of the timeframe for the lawsuit. If there are settlement opportunities they will be made during this period. In the event that there is no settlement the case will proceed to trial. During this period, your attorney will tell your story to a jury or judge and the defendant will defend themselves.
The Discovery Phase
The discovery phase is a formal process that permits your legal team and the at-fault party to exchange information and collect evidence. It could include witness statements or details of your medical treatment, and proof of losses you have suffered. Your lawyer may also employ several tools during discovery to help your case, such as interrogatories, requests for documentation and depositions. Interrogatories are questions which require a response in writing and requests for documents involve requesting all relevant documents that fall under the control of each party. Requests for admissions require the other party to acknowledge certain facts. This can save time and money as the attorneys do not have to prove the facts uncontested in court. Depositions are live conversations with witnesses, during which your attorney can ask them questions regarding the incident under oath. Their answers will be recorded and then transcribed.
While discovery may appear to be a long, intrusive and uncomfortable process, it is a necessary step to gather the evidence you need to win your injury case. Your lawyer will be able to discuss the specifics of the discovery process with you during your no-cost consultation. For instance, if try to hide a prior health issue that caused your injury to get worse, this information could be discovered in the process of discovery and removed from your case.
The Negotiation Phase
Most cases of injury aim to reach a settlement through negotiations. The process for achieving this goal is usually a back-and-forth exchange 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 help you in deciding the amount of settlement that you want to request and assist in negotiations.
The amount of damages, such as medical bills, lost wages and future losses, is a variable that is dynamic. Your injuries may worsen 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 upon your current injuries and the prognosis of future recovery.
Insurance companies frequently attempt to limit the amount they pay by disputing certain elements of your claim. This can prolong settlement negotiations however, your lawyer can provide strategies to help you get through these challenges and reach the most favorable outcome for your case. In certain cases negotiations to reach an agreement could be lengthy, sometimes even for years. Numerous factors influence how long settlement negotiations last, but understanding what to expect will make the process less stressful and more effective for you.
The Trial Phase
Most cases of injury are settled outside of court through settlement negotiations. However, if an agreement is not reached, your lawyer may decide to bring the case to trial. injury law firm elk grove is an expensive lengthy and time-consuming procedure that can be stressful. It also requires the jury to decide whether the defendant is responsible for your injuries, and what amount of compensation you should be awarded. It is therefore important for your lawyer to conduct a thorough investigation of your case at this point to fully understand the extent of your injuries and the severity of your injuries, damages and expenses.
Your attorney will now call witnesses as well as experts and present physical evidence, such as photographs documents, medical reports. This is the "case-in-chief" phase. The defense attorney will then summon witnesses to testify and argue that the plaintiff should not be awarded damages. The jury or judge will then consider the evidence and arguments put forward by both parties.
The judge will explain to the jury the legal standards that must be adhered to in order to decide whether to go in favor of the plaintiff or against the defendant. This is referred to as jury instruction. Each side then presents its closing arguments. If the jury fails to reach a consensus on a verdict and the judge declares a mistrial. In some cases appeals might be available if you are unhappy with the outcome of your trial.