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Injury Litigation Legally it is the procedure that allows you to seek compensation for your losses and injuries Your injury attorney will build solid evidence for your case that includes eyewitness testimony medical documents testimony of the defendant expert witness opinions Your lawyer will file your lawsuit Once the defendant has responded to your lawsuit the case goes into an investigation of facts also known as discovery The Complaint Before a lawsuit is filed the injured person plaintiff must conduct a prelawsuit investigation This includes looking over police accident reports making informal discovery and identifying potential liable parties The plaintiff can then file a summons along with a complaint The complaint details the damages caused by the defendant or his actions It typically includes a demand for compensation for the victims injuries including medical bills as well as lost wages pain and suffering and other damages The defendant is then given 30 days to file a reply or answer in which they either admit or deny the allegations in the complaint They may also add an additional defendant or file counterclaims During the discovery phase in the discovery phase both sides will exchange pertinent information regarding their respective positions and evidence in the case This process includes depositions also known as interrogatories and written questions also known as interrogatories as well as requests for documents This phase typically accounts for the majority of the lawsuit timeline In this stage if there are any settlement options the possibility of settlement will be discussed Otherwise the case will proceed to trial In this instance your attorney will be able to give your argument before a jury or judge and the defendant will put on their defense The Discovery Phase The discovery phase is a formal process that permits your legal team and the party at fault to exchange information and collect evidence It could include witness statements specifics about your medical treatment as well as proof of the damages youve incurred Your attorney can also use various tools during discovery to assist your case including interrogatories documents requests and depositions Requests for documentation are requests to supply all relevant documentation which is within each partys control Interrogatories require written responses Requests for admission are written letters to the other party requesting them to admit certain facts This can save time and cost as the attorneys do not need to prove the facts at trial Depositions are live discussions with witnesses Your attorney can ask them questions about the incident while under the oath Their answers will be recorded and transcribed While it might appear to be a long painful invasive and uncomfortable process but its a crucial step to gather the evidence required for winning your injury case Your attorney will be capable of discussing the details of the discovery process with you during 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 discovery and your case could be thrown out The Negotiation Phase The majority of injury cases seek to reach a settlement through negotiation This process usually involves an exchange of backand with your lawyer and that of the responsible partys insurer This may include informal conversationscorrespondence by phone in meetings by email where the parties trade offers and counteroffers Your lawyer can help you decide on the number you want to ask for your settlement and assist in negotiations injury attorney iowa of the challenges of settlement of an injury claim is that the amount you are owed which includes medical bills or lost income as well as future losses is a constantly changing factor Your injuries may worsen over time which can increase the amount of your future losses and reduce the amount of your current losses Your lawyer will ensure that damages are calculated based on your current injuries and your prognosis for future recovery Insurance companies frequently attempt to limit their payout by arguing against certain aspects of your claim This can cause delays in settlement negotiations but your lawyer will have strategies to help you overcome these challenges and reach the most favorable outcome for your case In some instances negotiations to reach an agreement can be lengthy sometimes even for years Negotiations can take months or even years depending on many different factors The Trial Phase Most injury cases are resolved outside of court through settlement negotiations However if the resolution isnt reached your lawyer may decide to take the case to trial This is an expensive lengthy timeconsuming and stressful procedure The jury will also have to decide if you are compensated for your injuries and should they if so in what amount Your lawyer must thoroughly research your case in order to understand the circumstances surrounding your injury as well as the severity of the injuries damages and costs Your attorney will then call witnesses and experts and present evidence including photographs or documents as well as medical reports This is the caseinchief phase The defense attorney will summon witnesses to testify and argue as to why the plaintiff shouldnt be awarded damages The judge or jury then evaluates the arguments and evidence of both sides The judge will explain to jurors the legal standards which must be met in order for them to decide in the favor of the plaintiff or against the defendant This is known as jury instruction Each side then makes its closing arguments If the jury is not able to agree on a verdict the judge will declare the trial an unconstitutional trial If you are not happy with the results of your trial there may be an appeal available
