What NOT To Do When It Comes To The Injury Litigation Industry
Injury Litigation
Legally, it is a process by which you can claim compensation for your injuries and losses. Your injury lawyer will use strong evidence to prove your case, such as eyewitness testimony, medical documents as well as the statements of the defendant and expert witness opinions.
Your lawyer will then begin to file your lawsuit. Once the defendant has responded, the case moves into the phase of fact-finding known as discovery.
The Complaint
Before filing a lawsuit the person who was injured (plaintiff) must conduct a pre-lawsuit investigations. This includes reviewing police accident reports, conducting informal discovery, and identifying potentially liable parties and available causes of action that could be argued against them.
The plaintiff is then able to file an accusation and summons. The complaint details the damages caused by the defendant's action or his inaction. It typically contains a request for compensation for medical expenses, lost income, suffering and pain, as well as other damages related to their injuries.
The defendant has 30 days to respond, 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 file a counterclaim or add a third-party defendant to the suit.
During the discovery phase in the discovery stage, both parties exchange pertinent information about their positions and evidence. This typically involves depositions written questions (called interrogatories) and requests for documents. This phase typically accounts for the most of the timeline for lawsuits. If there are settlement options that are available, they will be negotiated during this period. Otherwise the case will go to trial. During this period your lawyer will present your story before a judge or jury and the defendant will defend themselves.
The Discovery Phase
Discovery is a formal stage that permits you and your legal team to exchange information with the other party and collect evidence. This could include witness statements, specifics regarding your medical treatment, and evidence of the losses that you have suffered. injury attorney brockton can also use several tools during discovery to aid your case, such as interrogatories and requests for documents and depositions. Requests for documents are the requests to provide all relevant documents that is under each party's control. Interrogatories require written responses. Requests for admission ask the other side to admit certain facts. This could save time and money as the attorneys do not have to prove these undisputed facts at trial. Depositions are live, in-person interviews with witnesses, during which your attorney can ask them questions regarding the incident while under the oath. Their responses will be recorded and then transcribed.
Discovery can be an uncomfortable, long and invasive process, but it is essential to collect the evidence required to prove your injury claim. During your consultation for free the attorney will be able to explain the details of the discovery process. For instance, if you try to hide a preexisting health issue that caused your injury to get worse and this information is discovered during the discovery process and thrown out of your case.
The Negotiation Phase
Most injury cases aim to settle a case through negotiations. The process of reaching this goal is usually a back-and-forth exchange between your lawyer and the responsible party's insurance company. This may include informal conversations/correspondence (by phone, in meetings, by email) where the parties trade offers and counter-offers. Your lawyer can assist you in deciding the amount of settlement you wish to seek and assist with negotiations.
The amount of damages, such as medical bills, lost wages and future losses, is a variable that is always changing. Your injuries may get worse over time. This could lead to a rise in future losses or reduce the value of current losses. Your attorney will ensure that damages are determined based upon your current injuries and the prognosis of the future recovery.
Insurance companies frequently attempt to limit the amount they pay by arguing against certain aspects of your claim. This can result in delay in settlement negotiations. However, your lawyer has strategies to help you overcome these obstacles and achieve the best possible result for your case. In some instances negotiations to reach an agreement could take months or even years. There are many factors that affect how long settlement negotiations will take, but knowing what to expect can make the process less stressful and more effective for you.
The Trial Phase
Most cases of injury are settled outside of court through settlement negotiations. If the resolution isn't reached your lawyer could decide to take the case to trial. This is a costly, time-consuming and stressful process. It also requires the jury to decide if the defendant should be held accountable for your injuries and what amount of compensation you should be awarded. Your lawyer must thoroughly research your case to discover the circumstances surrounding your injury, the extent of injuries, damages, and costs.
Your attorney will then call witnesses and experts and present evidence, such as photos documents, medical reports. This is the "case-in-chief" phase. The defense attorney will call witnesses to testify on behalf of a defense, and argue that plaintiffs shouldn't be awarded damages. The jury or judge will then consider the evidence and arguments offered by both parties.
The judge will then discuss the legal standards to be met in order for the jury to come up with a verdict in favor of the plaintiff and against the defendant. This is known as jury instruction. Each side then makes its closing arguments. If the jury is unable to agree on a verdict and the judge decides to declare a mistrial. If you are not happy with the result of your trial, there might be an appeal available.