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Injury Litigation Injuries litigation is a legal process that allows you to recover compensation for your injuries and losses Your injury lawyer will use strong evidence to support your case This includes eyewitness testimony medical documents as well as the statements of the defendant and expert witness opinions Your lawyer will begin the process of filing your lawsuit If the defendant does not respond and the case is moved to an inquiry stage known as discovery The Complaint Before filing a lawsuit the person who has been injured plaintiff must conduct an investigation prior to filing a lawsuit This includes reviewing accident reports and conducting informal discovery and identifying any potentially liable parties and possible causes of action that can be filed against them Once the plaintiff has done this they can start a summons as well as a complaint The complaint outlines the harm caused by the defendant or his inaction It usually includes a request for compensation for medical bills lost income suffering and pain and other damages that result from their injuries The defendant then has 30 days to file a reply known as an answer in which they either admit or deny the allegations made in the complaint They may also make counterclaims or add a third party defendant to the suit During the discovery phase where both sides exchange relevant information about their positions and the evidence in the case This includes depositions also known as interrogatories as well as written questions also called interrogatories as well as requests for documents This is usually most of the time for the lawsuit If there are any settlement possibilities that are discussed they will be discussed The case will then go to trial if there is no settlement In this instance your attorney will explain your case before a jury or judge and the defendant will put 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 collect evidence This may include witness testimony as well as details of the treatment you received from your doctor and evidence of the losses youve suffered Your attorney can use several tools to aid you in discovery such as interrogatories and requests for documents Requests for documents are the requests to provide all relevant documentation that is within the respective parties control Interrogatories require written responses Requests for admission are letters to the other party requesting them to admit certain facts This could save time and money as the attorneys dont have to prove the facts during trial Depositions are live conversations with witnesses injury lawyer westminster can ask them questions about the incident while under the oath Their responses will be recorded and transcribing Although it may appear to be a long intrusive and uncomfortable process it is a necessary step to gather the evidence required to win your injury claim During your free consultation your attorney can discuss the specifics of the discovery process For instance if try to hide a prior condition that has caused your injury to worsen and this information is discovered during the discovery process and thrown out of your case The Negotiation Phase Most cases of injury aim to reach a settlement through negotiations The process of reaching this goal usually involves an exchange of information between your lawyer and the insurance company 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 the number you want to demand for your settlement and then assist in negotiations The amount of damages which includes medical bills lost wages and future loss is a factor that is dynamic Your injuries may get worse over time This could increase future losses or diminish the value of current losses Your lawyer will ensure that your damages are determined by the current state of your injuries and provide an accurate prognosis for your future recovery Insurance companies often attempt to limit the amount they pay by arguing about certain aspects of your claim This could delay settlement negotiations however your lawyer has strategies to help you overcome these difficulties and achieve the best possible outcome for your case Negotiating an agreement can sometimes take months or years Negotiations can take months or even a whole year based on many factors The Trial Phase While the majority of injuries cases are resolved through settlement negotiations outside of court your attorney may decide to take your case to trial if a satisfactory resolution is not attainable This is a stressful costly and timeconsuming process The jury will also have to decide if you are compensated for your injuries and should they if so in what amount It is crucial for your lawyer to thoroughly investigate your case prior to the trial to fully understand the nature of your injuries the extent of your injuries damages and costs Your attorney will now call witnesses and experts and present evidence such as photographs documents medical reports This is the caseinchief phase The defense attorney will summon witnesses to testify in argument against the plaintiff and argue that the plaintiff should not be entitled to damages The judge or jury then considers the arguments and evidence of both sides The judge will then go over the legal requirements that must be met in order for the jury to find in favor of the plaintiff and against the defendant This is known as jury instruction Each side then gives its closing arguments If the jury cannot agree on a decision the judge will declare that the trial is an unconstitutional trial In rare instances an appeal may be available if youre unhappy with the outcome of your trial
