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Injury Litigation Legally it is the process which allows you to claim compensation for your losses and injuries Your injury lawyer will develop strong evidence for your case including eyewitness testimony medical documentation testimony of the defendant expert witness opinions Your lawyer will begin the process of filing your lawsuit If the defendant does not respond the case enters the discovery phase which is a process of finding facts The Complaint Before filing a lawsuit the person who was injured plaintiff must conduct prelawsuit investigations This includes studying the police accident reports conducting informal discovery and identifying liable parties The plaintiff is then able to file an accusation and summons The complaint details the damages caused by the defendants or his actions The typical complaint will include a demand for compensation for medical expenses loss of income suffering and other damages that result from their injury The defendant has 30 days to respond also referred to as an answer In this response the defendant has the option to admit or deny any allegations made in the complaint They may also make an appeal or add a third party defendant to the suit During the discovery stage in the discovery stage both parties exchange relevant information regarding their positions and the evidence This includes depositions also known as interrogatories written questions also called interrogatories as well as requests for documents This usually takes up the majority of the timeline for a lawsuit In this stage if there are any settlement options these will be discussed The case will proceed to trial if there is no settlement During this time your lawyer will provide your case 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 atfault party to exchange information and gather evidence This may include witness testimony or details of your medical treatment as well as evidence of losses youve suffered Your attorney can also use different tools during discovery to aid your case including interrogatories requests for documentation and depositions Requests for documents are essentially requests to provide all relevant documents that are within each partys control Interrogatories require written responses Requests for admission are letters to the other party requesting for their admission to certain facts This will save time and money since the attorneys do not have to prove the facts at trial Depositions are live recordings of witnesses where the attorney can interview them about the incident under oath get their answers recorded and then transcribed by a court reporter Discovery may seem like an uncomfortable long and invasive process but it is essential to collect the evidence you require to prove your injury claim Your attorney will be capable of discussing the details of the discovery process with you during your nocost consultation For example if you attempt to conceal a preexisting condition that your injury worsened this information could be discovered during the discovery process and removed from your case The Negotiation Phase The negotiation of a settlement is the aim of the majority of lawsuits involving injuries The process to achieve this goal is usually an exchange of information 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 injury lawyer el monte can assist you decide on a number to demand your settlement and assist in negotiations One of the difficulties of settling an injury claim is that the amount you are owed including medical expenses as well as lost income and future losses is an evolving factor Your injuries could get worse over time which may increase your future losses and decrease the value of your current losses Your lawyer will ensure that damages are determined based upon your current injuries and your prognosis for the future recovery Insurance companies typically try to limit their payout by challenging certain elements of your claim This could delay settlement negotiations however your lawyer can provide strategies to help you overcome these difficulties and achieve the best possible outcome for your case In certain cases negotiations to reach an agreement could take months or even years Negotiations can last for months or even years based on a variety of factors The Trial Phase Most injury cases are settled outside of court through settlement negotiations If there is no resolution the lawyer could decide to take the case to trial This can be a costly lengthy timeconsuming and stressful procedure It also requires the jury to decide if the defendant should be accountable for your injuries and what amount of compensation you are entitled to Your lawyer should thoroughly investigate your case in order to understand the circumstances surrounding your injuries the severity of the injuries damages and the costs At this stage your attorney will call witnesses and experts to testify and provide evidence physical such as photographs documents and medical reports This is referred to as the caseinchief phase The defense attorney will then summon witnesses to testify in rebuttal and argue why the plaintiff should not be awarded damages The judge or jury will then review the evidence and arguments made by both parties The judge will explain to jurors the legal standards that must be met in order to make a decision in favor of plaintiff or against defendant This is referred to as jury instruction Each side then gives its closing arguments If the jury is unable to agree on a verdict the judge will declare the trial a mistrial In some cases appeals may be available if not satisfied with the results of your trial
