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Injury Litigation Injury litigation is a legal process that allows you to get compensation for your injuries and losses Your injury lawyer will use strong evidence to prove your case This includes 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 After the defendant has replied to your lawsuit the case goes into the phase of factfinding known as discovery The Complaint Before a lawsuit can be filed an injured party plaintiff must conduct prelawsuit discovery This involves reviewing police accident reports conducting informal discovery and identifying potential liable parties and available legal remedies that can be brought against them Once the plaintiff has done this they can make a complaint and summons The complaint details the damage caused by the defendants action or his inaction The typical complaint will include a demand for compensation for medical expenses loss of income 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 may accept or deny the allegations made in the complaint They may also file an additional counterclaim or add a third party defendant to the suit During the discovery stage in the discovery stage both parties exchange relevant information regarding their positions and the evidence This process includes depositions also called interrogatories and written questions also known as interrogatories as well as requests for documents This typically comprises the major portion of the litigation timeline If there are settlement opportunities they will take place during this period If not the case will go to trial During this period your attorney will be able to present your argument to a jury or judge and the defendant will take on their defense The Discovery Phase The discovery phase is a formal procedure that allows your legal team and the party at fault to exchange information and gather evidence This may include witness testimony or details of your medical treatment as well as evidence of the losses youve suffered Your attorney can also use several different tools during discovery to aid your case including interrogatories documents requests and depositions Requests for documents are the requests to provide all relevant evidence that are within each partys control Interrogatories require written responses Requests for admission are written requests to the other party asking them to admit certain facts This can cut down on time and money since the attorneys do not have to prove the facts during trial Depositions are live interviews with witnesses where your attorney can ask them questions regarding the incident under an oath Their answers will be recorded and transcribing Discovery may appear to be an uncomfortable long and timeconsuming process however its necessary to collect the evidence required to prove your injury claim Your attorney will be willing to go over the specifics of the discovery process in your free consultation If you try to hide an injury that is preexisting and has gotten worse due to a medical condition that was already present The information could be discovered during the process of discovery and your case could be dismissed The Negotiation Phase Negotiating a settlement is the goal of most injury cases This usually involves an exchange of information back and with your lawyer and that of the insurer of the responsible party This may include informal conversationscorrespondence by phone in meetings by email where the parties trade offers and counteroffers Your lawyer can help you in deciding on the amount of settlements you would like to demand and then help with negotiations The amount of damages including medical bills lost wages and future losses is a factor that is dynamic injury case simi valley may worsen over time which may increase the amount of your future losses and reduce the amount of your current losses Your attorney will ensure that damages are determined based upon your current injuries and the likelihood of future recovery Insurance companies typically attempt to limit the amount they pay by challenging certain elements of your claim This can cause delays in settlement negotiations however your lawyer has strategies to help you navigate these obstacles and get the best possible outcome for your case Negotiating a settlement can take a long time or even years Negotiations can take months or even years depending on many factors The Trial Phase Although the majority of injury cases are resolved through settlement negotiations which are not in the courtroom your attorney might decide to take your case to trial if an acceptable solution is not reached This is an expensive lengthy timeconsuming and stressful procedure It also requires the jury to decide whether the defendant should be responsible for your injuries and the amount you will receive 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 the extent of your injuries the damages and expenses Your attorney will now summon witnesses and experts and will present physical evidence such as photos or documents as well as medical reports This is the caseinchief phase The defense attorney will summon witnesses to testify in counter argument and argue that plaintiffs shouldnt be awarded damages The jury or judge decides on the evidence and arguments of both sides The judge will then explain the legal requirements which must be followed for the jury to decide for the plaintiff and against the defendant This is referred to as jury instruction Then each side presents their closing arguments If the jury fails to agree on a verdict and the judge declares a mistrial If youre not satisfied with the outcome of your trial there may be an appeal option
