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Injury Litigation Legally it is a procedure through which you can seek compensation for your losses and losses Your injury lawyer will use strong evidence to prove your case This includes eyewitness testimonies medical documentation defendants statements and expert witness opinions Your lawyer will begin the process of filing your lawsuit After the defendant responds to the lawsuit the case moves to a factfinding stage called discovery The Complaint Before a lawsuit is filed the person who was injured plaintiff must conduct an investigation prior to the filing of a lawsuit This includes studying police accident reports conducting informal discovery and identifying possible responsible parties The plaintiff can then file an order with a complaint The complaint outlines the harm caused by the defendants or his inaction It typically contains a request for compensation for the victims medical expenses and lost income as well as suffering and pain as well as other damages arising from their injuries The defendant will then have 30 days to file a response called an answer in which they admit or deny the allegations contained in the complaint They can also add an additional defendant from a third party or make an appeal During the discovery phase where both sides exchange pertinent information regarding their positions and the evidence in the case This usually involves depositions written questions called interrogatories and requests for documents This typically comprises the major portion of the litigation timeline If there are injury lawsuit greenville will be made during this time Otherwise the case will proceed to trial In this instance your attorney will explain your argument before a judge or a jury and the defendant will take on their defense The Discovery Phase The discovery phase is a formal process that permits your legal team and the atfault party to exchange information and gather evidence It could include witness statements details regarding your medical treatment and proof of the expenses youve incurred Your attorney will have access to a variety of tools to aid you in discovery such as interrogatories and requests for documents Requests for documents are the requests to provide all relevant documents that are within each partys control Interrogatories require written responses Requests for admission ask the other side to admit certain facts This can reduce time and cost since the attorneys do not have to prove these undisputed facts during trial Depositions are live interviews with witnesses Your attorney can ask them questions about the incident under oath Their answers will be recorded and transcribing While discovery may appear to be a long intrusive and uncomfortable process it is a necessary step to gather the evidence you need for winning your injury case During your consultation for free your attorney will be able to discuss the specifics of the discovery process For instance if attempt to conceal a preexisting condition that has caused your injury to worsen and this information is discovered in the process of discovery and removed from your case The Negotiation Phase Reaching a negotiated settlement is the primary goal in most injuries The process typically involves a exchange of back and to and backandforth between your lawyer as well as 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 assist you decide on a number to demand for your settlement and can then assist in negotiations One of the issues with settling an injury claim is that the amount you are owed including medical bills lost income and future losses is an evolving factor Your injuries can get worse over time which can increase your future losses and reduce the value of your current losses Your attorney will work to ensure that your damages are in line with the current condition of your injuries as well as an accurate prediction of your future recovery Insurance companies frequently attempt to limit the amount they pay by disputing certain elements of your claim This could result in delays in settlement negotiations However your lawyer has strategies to assist you in overcoming these hurdles and obtain the best possible outcome for your case Negotiating a settlement can take months or even years Negotiations can take months or even years depending on many factors The Trial Phase While the majority of injuries cases are resolved through settlement talks outside of the courtroom your attorney might decide to take your case to trial if an acceptable resolution is not reached This can be a difficult costly and timeconsuming process It also requires the jury to decide whether the defendant is held liable for your injuries and the amount you are entitled to Your lawyer must thoroughly investigate your case to determine the circumstances surrounding your injuries the amount of damages injuries and costs Your lawyer will now call witnesses as well as experts and present physical evidence including photographs documents medical reports This is known as the caseinchief phase The defense attorney will call witnesses to testify in rebuttal and argue that the plaintiff shouldnt be awarded damages The judge or jury then weighs the arguments and evidence of both sides The judge will then outline the legal standards that must be met for the jury to come up with a verdict in favor of the plaintiff and against the defendant This is called jury instruction Afterwards each side makes their closing arguments If the jury cannot agree on a verdict the judge will declare a mistrial In rare instances an appeal may be available if youre not satisfied with the outcome of your trial
