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Injury Litigation The legal procedure which allows you to claim compensation for your injuries and losses Your injury attorney will build solid evidence in your case including eyewitness testimony defendant statements and expert witness opinions Your lawyer will start the lawsuit After the defendant has responded to the lawsuit the case will move into an investigation of facts also known as discovery The Complaint Before filing a lawsuit the person who was injured plaintiff must conduct prelawsuit investigation This includes reviewing police accident reports making informal discovery and identifying atfault parties After the plaintiff has completed this they can make a complaint and summons The complaint identifies who is the party who is being sued It also exposes the harm caused by the defendants conduct or inaction It typically contains a request for compensation for the victims medical expenses as well as lost income pain and suffering and other damages resulting from their injury The defendant has 30 days to respond also known as an answer In this response the defendant is able to admit or deny any allegations made in the complaint They can also add a third party defendant or file an appeal During the discovery stage both parties will exchange relevant information regarding their positions and evidence This typically involves depositions written questions called interrogatories and requests for documents This is usually most of the time for an action In this stage if there are any settlement options these will be discussed The case will then go to trial if theres no settlement During this period your attorney will be able to provide your perspective before a judge or a jury and the defendant will take 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 gather evidence This may include witness testimony or details of your medical treatment as well as evidence of the losses youve suffered Your attorney can use several tools to help you during discovery such as interrogatories and requests for documents Requests for documents are the requests to provide all relevant evidence that is within the respective parties control Interrogatories require written responses Requests for admission are letters to the other party asking them to admit certain facts This will save time and cost as the attorneys dont have to prove the facts at trial Depositions are live interviews with witnesses Your attorney can ask them questions regarding the incident while under an oath Their responses will be recorded and then transcribed While it might seem like a long painful invasive and uncomfortable process it is a necessary step to gather the evidence necessary for winning your injury case During your consultation for free your attorney will be able discuss the details of the discovery process For example if you try to hide 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 The negotiation of a settlement is the primary goal in most injury cases The process of achieving this goal typically involves a backandforth exchange 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 in deciding on the amount of settlement that you want to negotiate and help in negotiations One of the difficulties of the process of settling a claim for injury is that the amount of your damages including medical expenses loss of income future losses can be a volatile aspect Your injuries could worsen over time This could lead to a rise in future losses or diminish the value 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 future recovery A lot of times insurance companies try to limit their payout for claims by arguing against certain aspects of your case This could result in a delay in settlement negotiations However your lawyer can provide strategies to help you overcome these hurdles and obtain the best possible result for your case The process of negotiating an agreement can take months or years Negotiations can last for several months or even years depending on many factors The Trial Phase While the majority of injuries cases are resolved through settlement negotiations which are not in court your lawyer may choose to take your case to trial if a satisfactory solution is not reached It is a costly timeconsuming and stressful process It also requires the jury to decide whether the defendant is held liable for your injuries and the amount you should be awarded Your lawyer should thoroughly investigate your case to understand the circumstances surrounding your injuries the severity of injuries damages and costs At injury lawyer rochester hills your attorney will summon witnesses and experts to testify They will also provide evidence in the form of documents photographs and medical reports This is the caseinchief phase The defense attorney will summon witnesses to testify on behalf of a counter argument and argue that plaintiffs should not be awarded damages The jury or judge will then take into consideration the evidence and arguments put forward by both sides The judge will then go over the legal requirements which must be followed for the jury to decide for the plaintiff and against the defendant This is called jury instruction Each side will then present its closing arguments If the jury cannot agree on a verdict the judge will declare that the trial a mistrial In some rare instances an appeal could be available in the event that you are not satisfied with the results of your trial
