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Injury Litigation Legally it is the process that allows you to seek compensation for your losses and injuries Your injury attorney will build solid evidence for your case that includes eyewitness testimony medical documents testimony of the defendant expert witness opinions Your lawyer will then begin to file your lawsuit Once the defendant has responded and the case is moved to the discovery phase which is a process of finding facts The Complaint Before a lawsuit is filed the person who has been injured plaintiff must conduct prelawsuit investigations This involves studying the police accident reports conducting informal discovery and identifying potential defendants After the plaintiff has completed this they are able to file a summons and complaint The complaint identifies the person that is being sued and describes the harm that was caused by the defendants actions or lack thereof It typically includes a request for compensation for medical bills lost income suffering and pain as well as other damages arising from their injury injury attorney tulsa has 30 days to respond also referred to as an answer In this response the defendant may acknowledge or deny the allegations made in the complaint They can also include an additional defendant from a third party or make a counterclaim During the discovery phase in the discovery phase both sides will exchange pertinent information regarding their positions and the evidence they have in the case This process includes depositions also called interrogatories and written questions also called interrogatories and requests for documents This phase typically accounts for the most of the timeline for lawsuits In this stage if there are any settlement possibilities they will be discussed If not the case will go to trial During this period the attorney will present your perspective to a judge or jury and the defendant will take on their defense The Discovery Phase The discovery phase is a formal process that allows your legal team and the atfault party to exchange information and gather evidence This can include witness testimony and details about your medical treatment as well as evidence of the losses youve suffered Your attorney can use several tools to assist you during discovery such as interrogatories or requests for documents Interrogatories are questions that require a written response while requests for documents involve requesting all relevant documentation that is under the control of the parties Requests for admissions require the other side to admit certain facts This can reduce time and cost since lawyers do not have to prove these uncontested facts during trial Depositions are live interviews of witnesses where your attorney can ask them questions about the incident under oath They will have their answers recorded and translated by a court reporter While discovery may appear to be a long process that is invasive uncomfortable and tedious but its a crucial step to gather the evidence required to win your injury claim During your consultation for free the attorney will be able to explain the details of the discovery process If you attempt to conceal an injury that was already present and aggravated due to a medical condition that was already present This information could be discovered during discovery and your case could be thrown out The Negotiation Phase Reaching a negotiated settlement is the aim of the majority of injury cases This process usually involves an exchange of backand with your lawyer and the insurer of the responsible party This may include informal conversationscorrespondence by phone in meetings by email where the parties trade offers and counteroffers Your lawyer can assist in determining the amount of settlement you wish to request and assist in negotiations The amount of damages including medical bills lost wages and future losses is an aspect that is dynamic The severity of your injuries could increase over time which can increase your losses in the future and decrease the amount of your current losses Your lawyer will ensure that your damages are in line with the current condition of your injuries and provide an accurate prediction of your future recovery In many cases insurance companies are trying to limit their payout for claims by arguing against some aspects of your case This could delay settlement negotiations however your lawyer can provide strategies to help you navigate these difficulties and achieve the most favorable outcome for your case Negotiating an agreement may take a long time or even years There are many factors that affect the length of time settlement negotiations be but knowing what to expect will make the process less stressful and more efficient for you The Trial Phase Most cases involving injuries are resolved outside of court through settlement negotiations However if a resolution is not reached your lawyer might decide to proceed to trial This is an expensive and timeconsuming process that can be stressful It also requires the jury to decide if the defendant should be held accountable for your injuries and the amount you should be awarded Your lawyer must thoroughly investigate your case to understand the circumstances of your injuries the severity of injuries damages and the costs At this stage your attorney will summon witnesses as well as experts to testify and provide evidence physical such as documents photographs and medical reports This is known as the caseinchief phase The defense attorney will call witnesses to testify as a defense and argue that plaintiffs shouldnt be awarded damages The judge or jury will then review the evidence and arguments put forward by both parties The judge will explain to the jury the legal standards that must be adhered to in order for them to decide whether to go in favor of plaintiffs or against defendants This is referred to as jury instruction Each side will then present its closing arguments If the jury fails to reach a consensus on a verdict the judge will declare a mistrial In some cases an appeal could be available if not satisfied with the results of your trial
