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Injury Litigation Injuries litigation is the legal procedure which allows you to claim compensation for your injuries and losses Your lawyer will use strong evidence to support your case which includes eyewitness testimony from witnesses medical records defendants statements and expert witness opinions Your lawyer will then start the lawsuit After the defendant has responded to the lawsuit the case will move into the stage of factfinding which is known as discovery The Complaint Before the lawsuit can be filed the injured party plaintiff must conduct prelawsuit discovery This includes reviewing police accident reports making informal discovery and identifying possible liable parties After the plaintiff has completed this they are able to file a summons and complaint The complaint describes the harm caused by the defendants action or his actions The typical complaint will include a demand for compensation for injuries suffered by the victim including medical bills loss of wages along with pain and suffering and other damages The defendant has 30 days to respond also referred to as an answer In this response the defendant may admit or deny any claims made in the complaint They may also add a third party defendant or file an appeal During the discovery stage both parties will exchange pertinent information about their positions and the evidence This typically involves depositions written questions called interrogatories and requests for documents This phase usually takes up most of the time for the lawsuit In injury attorney tallahassee if there are any settlement options these will be discussed If not the case will progress to trial During this period the attorney will present your argument before a jury or judge and the defendant will take on their defense The Discovery Phase Discovery is a formal phase that allows you and your legal team to share information with the other party and gather evidence This could include witness testimony and details about your medical treatment as well as evidence of the losses youve suffered Your attorney will have access to a variety of tools to assist you during discovery such as interrogatories and requests for documents Interrogatories are written inquiries that require a response written and requests for documents require the submission of all relevant documentation that is under the control of each party Requests for admissions ask the other party to admit certain facts This could save time and money since lawyers do not have to prove these undisputed facts in court Depositions are recorded interviews with witnesses where the attorney can question them about the incident under oath have their answers recorded and translated by a court reporter Although discovery can appear to be an lengthy process that is invasive uncomfortable and tedious but it is an essential step to gather the evidence necessary to win your case Your attorney will be in a position to discuss 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 preexisting medical condition this information may be discovered during the process of discovery and your case could be dismissed The Negotiation Phase A settlement that is negotiated is the main goal of many lawsuits involving injuries The process for achieving this goal usually involves a backandforth exchange between your lawyer and the responsible partys insurance company This may include informal conversationscorrespondence by phone in meetings by email where the parties trade offers and counteroffers Your lawyer can help you choose the appropriate number to demand for your settlement and can then assist in negotiations One of the difficulties of the process of settling an injury case is that the amount of your damages which includes medical bills or lost income as well as future losses is an evolving aspect Your injuries can get worse as time passes which could increase your losses in the future and decrease the amount of your current losses Your lawyer will ensure that damages are determined based on the severity of your injuries as well as the probability of the future recovery Insurance companies frequently try to limit their payout by arguing against certain aspects of your claim This can delay settlement negotiations but your lawyer will have strategies to help you overcome these issues and get the most favorable outcome for your case In some instances negotiations to reach an agreement can be lengthy sometimes even for years Many factors affect how long settlement negotiations last but understanding what to expect can make the process less stressful and more efficient for you The Trial Phase While most injury cases are resolved through settlement negotiations which are not in the courtroom your attorney might decide to take your case to trial if a fair resolution is not attainable This can be a costly lengthy and timeconsuming procedure that can be stressful The jury will also have to decide if you should be compensated for your injuries and should they if so in what amount Therefore it is essential for your lawyer to conduct thorough research on your case in this phase to fully understand the extent of your injuries and the severity of your injuries the damages and costs At this point your attorney will summon witnesses and experts to testify They will also provide evidence in the form of documents photos and medical reports This is known as the caseinchief phase The defense attorney will summon witnesses to testify on behalf of a argument against the plaintiff and argue that the plaintiff should not receive damages The judge or jury will then take into consideration the evidence and arguments offered by both sides The judge will then outline the legal requirements which must be followed for the jury to rule in favor of the plaintiff and against the defendant This is known as jury instruction Each side then makes its closing arguments If the jury is unable to reach a consensus and the judge declares a mistrial If you are not happy with the result of your trial there may be an appeal option
