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Injury Litigation Injury litigation is a legal process by which you can get compensation for your injuries and losses Your injury lawyer will use strong evidence to prove your case This includes eyewitness testimony from witnesses medical records as well as the statements of the defendant and expert witness opinions Your lawyer will start the lawsuit After the defendant has replied to the lawsuit the case will move into the stage of factfinding which is known as discovery The Complaint Before a lawsuit can be filed an injured person plaintiff must conduct prelawsuit discovery This includes reading the police accident reports conducting informal discovery and identifying potential liable parties The plaintiff is then able to file an order with a complaint The complaint details the damages caused by the defendants action or his actions The typical complaint will include a demand to seek damages to compensate the victim for their injuries including medical bills and lost wages as well as pain and suffering among other damages The defendant has 30 days to respond which is also referred to as an answer In this response the defendant can admit or deny any claims made in the complaint They can also add an additional defendant or file a counterclaim During the discovery phase in the discovery stage both parties exchange relevant information regarding their positions and evidence This involves depositions also called interrogatories as well as written questions also called interrogatories as well as requests for documents This phase typically accounts for the majority of the timeframe for a lawsuit During this phase if there are settlement opportunities that are discussed they will be discussed The case will then go to trial if theres no settlement During this period your lawyer will present your side of the tale before a judge or jury and the defendant will defend themselves The Discovery Phase Discovery is a formal procedure that allows you and your legal team to share information with the other party and collect evidence This may include witness statements information about your medical treatment as well as proof of the damages that you have suffered Your attorney can also use several tools during discovery to aid your case such as interrogatories and requests for documents and depositions Requests for documentation are requests to supply all relevant documentation which is within each partys control Interrogatories require written responses Requests for admissions ask the other party to accept certain facts This could save time and money since attorneys do not need to prove these undisputed facts in court Depositions are live interviews of witnesses where your attorney can interview them about the incident under oath and have their answers recorded and transcribing by a court reporter While discovery may seem like a long intrusive and uncomfortable process but its a crucial step to gather the evidence needed for winning your injury case During your consultation for free your attorney will be able to explain the details of the discovery process If you attempt to conceal a preexisting injury that worsened due to a preexisting medical condition this information may be discovered during discovery and your case could be dismissed The Negotiation Phase Most injury cases aim to settle a case through negotiation This process usually involves an exchange of backand forth between your lawyer and the insurer of the party who is responsible 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 settlement that you want to negotiate and help with negotiations The amount of damage which includes medical bills lost wages and future losses is an aspect that is always changing Your injuries may worsen as time passes which could increase your future losses and decrease the amount of your current losses Your attorney will work to ensure that your damages are based on the current state of your injuries and provide an accurate prediction of your future recovery A lot of times insurance companies are trying to limit the amount they pay for claims by arguing against certain elements of your case This can cause delays in settlement negotiations but your lawyer has strategies to help you get through these issues and get the best possible outcome for your case Negotiating an agreement can sometimes take months or even years Many factors affect the length of time settlement negotiations be but knowing what to expect will make the process easier and more efficient for you The Trial Phase While the majority of injuries cases are resolved through settlement talks outside of court your lawyer may decide to take your case to trial if a satisfactory resolution is not attainable This can be a difficult lengthy costly and expensive process It also requires the jury to decide whether the defendant is accountable for your injuries and what compensation you will receive Your lawyer must thoroughly research your case to determine the circumstances of your injury the extent of damages injuries and costs Your lawyer will now call witnesses and experts and present physical evidence including photographs documents medical reports This is known as the caseinchief phase The defense attorney will summon witnesses to testify in counter argument and argue that the plaintiff should not be entitled to damages injury attorney appleton or judge will then consider the evidence and arguments presented by both sides The judge will then outline the legal requirements to be met in order for the jury to decide 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 reach an agreement on a decision the judge will declare the trial an unconstitutional trial If you are not happy with the results of your trial there could be an appeal available
