Injury Litigation

The legal process which allows you to claim compensation for your injuries and losses. Your lawyer for injury will construct solid evidence in your case, including eyewitness testimony, medical documentation in the form of defendant statements, expert witness opinions.

Your lawyer will begin the process of filing your lawsuit. Once the defendant has responded to the lawsuit, the case will move into the phase of fact-finding known as discovery.

The Complaint

Before a lawsuit can be filed, the injured party (plaintiff) must conduct pre-lawsuit discovery. This includes looking over police accident reports, making informal discovery and identifying potential defendants.

The plaintiff can then file a summons with a complaint. The complaint identifies who is the party that is being sued and describes the harm that was caused by the defendant's conduct or lack thereof. It typically includes a request for compensation for medical expenses, lost income, suffering and pain, and other damages arising from 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 add an additional defendant from a third party or file a counterclaim.

During the discovery stage the parties will exchange relevant information regarding their positions and the evidence. This typically includes depositions, written questions (called interrogatories), and requests for documents. This process usually occupies most of the time for the lawsuit. If there are any settlement options the possibility of settlement will be discussed. The case will go to trial if there is no settlement. During this period your lawyer will present your side of the tale to a jury or judge and the defendant will defend themselves.

The Discovery Phase

The discovery phase is a formal process that allows your legal team and the at-fault party to exchange information and gather evidence. This can include witness statements, details regarding your medical treatment, and proof of the losses you've suffered. Your lawyer may also employ several different tools during discovery to aid your case, including interrogatories and requests for documents and depositions. Requests for documentation are requests to provide all relevant documentation that is within the respective parties' control. Interrogatories require written responses. Requests for admission require the other party to accept certain facts. This can reduce time and cost since attorneys do not need to prove the facts uncontested during trial. Depositions are recorded interviews with witnesses, where the attorney can interview them about the incident under oath, and have their answers recorded and transcribing by a court reporter.

Although discovery can seem like a long, intrusive and uncomfortable process, it is a necessary step to gather the evidence you need to win your case. Your lawyer will be capable of discussing the details of the discovery process in your free consultation. If you attempt to conceal a preexisting festus Injury Law firm that worsened due to a medical condition that was already present This information could be discovered during discovery and your case could be dismissed.

The Negotiation Phase

Most injury cases aim to settle through negotiations. The process to achieve this goal usually involves an exchange of information between your lawyer and the 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 help you in deciding on the amount of settlements you wish to request and assist with negotiations.

The amount of damages, including medical bills, lost wages and future loss, is a factor that is dynamic. Your injuries could get worse over time. This could cause further losses or decrease the value of current losses. Your lawyer will ensure that your damages are determined by the current state of your injuries and an accurate prognosis for your future recovery.

Insurance companies often attempt to limit their payout by disputing certain elements of your claim. This can result in an inability to settle settlement negotiations. However, your lawyer has strategies to assist you in overcoming these obstacles to get the best possible result for your case. In some cases the process of negotiating an agreement could be a long process that can take months or even years. Negotiations can take months or even years based on many different factors.

The Trial Phase

Most sheridan injury law firm cases are resolved outside of court through settlement negotiations. However, if a resolution is not reached your lawyer could decide to take the case to trial. This is a stressful long, expensive and costly procedure. It also requires the jury to decide if the defendant should be responsible for your injuries, and what compensation you should be awarded. It is therefore crucial for your lawyer to conduct a thorough investigation of your case at this point to fully understand the extent of your injuries and the extent of your injuries, damages and costs.

At this stage, your attorney will call witnesses as well as experts to testify and provide evidence in the form of photographs, documents and medical reports. This is the "case-in-chief" phase. The defense attorney will call witnesses to testify in rebuttal and argue that the plaintiff should not be awarded damages. The judge or jury will then review the evidence and arguments put forward by both parties.

The judge will explain to jurors the legal standards that must be met in order for them to decide in favor of plaintiff or against defendant. This is known as jury instruction. Each side then presents its closing arguments. If the jury cannot agree on a decision, the judge will declare that the trial is an unconstitutional trial. If you are not happy with the result of the trial, there could be an appeal available.