Injury Litigation
Legally, it is the procedure which allows you to claim compensation for your injuries and losses. Your lawyer for injury will construct strong evidence in your case, including eyewitness testimony, medical records, defendant statements and expert witness opinions.
Your lawyer will start the lawsuit. After the defendant has reacted to the lawsuit, the case will move into the stage of fact-finding, which is known as discovery.
The Complaint
Before filing a lawsuit, the injured person (plaintiff) must conduct a an investigation prior to filing a lawsuit. This involves reviewing police accident reports as well as conducting informal discovery and identifying potentially liable parties and causes of action that could be brought against them.
The plaintiff may then file a summons with a complaint. The complaint details the damages caused by the defendant's actions or his inaction. It typically contains a request to seek damages for injuries suffered by the victim, including medical bills, lost wages as well as pain and suffering, among other damages.
injury law firm chandler has 30 days to respond, referred to as an answer. In this response, the defendant can admit or deny any allegations made in the complaint. They may also add a third party defendant or file counterclaims.
During the discovery phase in the discovery phase, both sides will exchange relevant information about their respective positions and evidence in the case. This process includes depositions (also called interrogatories) as well as written questions (also known as interrogatories) as well as requests for documents. This process usually occupies the majority of the timeline for the lawsuit. In this stage, if there are settlement opportunities that are discussed, they will be discussed. The case will then go to trial if there's no settlement. During this period your lawyer will present 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 allows your legal team and the at-fault party to exchange information and collect evidence. It could include witness statements and details about your medical treatment and evidence of the losses you've suffered. Your attorney can use several tools to aid you in discovery, such as interrogatories or requests for documents. Requests for documents are the requests to supply all relevant documentation that is within the respective parties' control. Interrogatories require written responses. Requests for admission ask the other side to admit certain facts, which can reduce time and cost since the attorneys don't have to prove the facts uncontested at trial. Depositions are live interviews with witnesses. During these interviews, your attorney can ask them questions regarding the incident while under oath. Their answers will be recorded and then transcribed.
Discovery may appear to be an uncomfortable, long and invasive process, but it is essential to collect the evidence needed to prove your injury claim. Your attorney will be willing to go over the specifics of the discovery process with you during your free consultation. For instance, if you try to hide a preexisting condition that has caused your injury to worsen, this information could be discovered during the discovery process and dismissed from your case.
The Negotiation Phase
Most injury cases aim to settle through negotiation. This usually involves an exchange of information back and forth between your lawyer and the insurance company of the party responsible. This may include informal conversations/correspondence (by phone, in meetings, by email) where the parties trade offers and counter-offers. Your lawyer can help determine the best number to demand your settlement and assist in negotiations.
One of the biggest challenges in settling an injury claim is that the amount of your damages including medical expenses loss of income, future losses - is an evolving factor. Your injuries may worsen as time passes, which could increase your future losses, and reduce the amount of your current losses. Your lawyer will ensure that damages are calculated based on your current injuries and the likelihood of the future recovery.
Often, insurance companies are trying to limit their payout for claims by arguing against certain aspects of your case. This can prolong settlement negotiations, but your lawyer has strategies to help you overcome these issues and get the most favorable outcome for your case. Negotiating an agreement can sometimes take a long time or even years. Numerous factors influence the length of time settlement negotiations last, but understanding what to expect can 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. If a resolution is not reached the lawyer could decide to go to trial. This is a costly and time-consuming process that can be stressful. The jury will also have to decide if you should be paid for your injuries and should they, if so, in what amount. Your lawyer should investigate your case to determine the circumstances surrounding your injury, the extent of the injuries, damages and costs.
At this point, your lawyer will call witnesses and experts to testify, and provide evidence physical such as documents, photographs and medical reports. This is known as the case-in chief phase. The defense attorney will then call witnesses to testify in rebuttal and argue as to why the plaintiff shouldn't be awarded damages. The judge or jury then considers the arguments and evidence of both parties.
The judge will then outline the legal requirements which must be followed for the jury to decide for the plaintiff and against the defendant. This is referred to as jury instruction. Each side will then present its closing arguments. If the jury fails to reach a decision, the judge will declare a mistrial. If you are not happy with the outcome of your trial, there might be a right to appeal.