Injury Litigation

Injuries litigation is the legal process that allows you to recover compensation for your losses and injuries. Your lawyer will use strong evidence to prove your case, including eyewitness testimony, medical documents defense counsel's statements, defendant's testimony, and expert witness opinions.

Your lawyer will start the lawsuit. If the defendant does not respond and the case is moved to a fact-finding stage called discovery.

The Complaint

Before a lawsuit is filed, the injured person (plaintiff) must conduct a an investigation prior to filing a lawsuit. This involves reviewing police accident reports and conducting informal discovery and identifying parties that could be liable and causes of action that could be argued against them.

After the plaintiff has completed this, they can make a complaint and summons. The complaint outlines the harm caused by the defendant's actions or his actions. It typically contains a request for compensation for the victim's medical expenses, lost income, suffering and pain, and other damages related to their injury.

The defendant has 30 days to respond, also referred to as an answer. In this response, the defendant may admit or deny any allegations made in the complaint. They can also file counterclaims or add a third-party defendant to the suit.

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 usually includes depositions, written questions (called interrogatories) and requests for documents. This typically comprises the majority of the lawsuit timeline. During this phase, if there are any settlement possibilities, these will be discussed. Otherwise the case will go to trial. During this period the attorney will present your side of the story before a judge or jury and the defendant will defend themselves.

The Discovery Phase

The discovery phase is a formal procedure that permits your legal team and the party at fault to exchange information and collect evidence. This could include witness statements, details about your medical treatment and proof of the losses that you have suffered. Your attorney will have access to a variety of tools to aid you in discovery, including interrogatories as well as requests for documents. Interrogatories are written queries that require a written answer and requests for documents require the submission of all relevant documentation under the control of the parties. Requests for admission are written requests to the other side asking them to admit certain facts. This can cut down on time and money since attorneys don't need to prove the facts during trial. Depositions are live conversations with witnesses, where the attorney can question them about the incident under oath and have their answers recorded and translated by a court reporter.

Although it may seem like a long painful, invasive and uncomfortable process however, it is an essential step to gather the evidence needed to win your case. Your attorney will be capable of discussing the details of the discovery process with you during your free consultation. For example, if you attempt to conceal a preexisting condition that your west chicago injury attorney worsened it could be discovered in the process of discovery and removed from your case.

The Negotiation Phase

Most North Little Rock Injury Lawyer cases aim to settle through negotiation. The process of achieving this goal usually involves a back-and-forth exchange 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 the amount of settlement you wish to demand and then help in negotiations.

One of the issues with settlement of an injury claim is that the amount of your damages including medical expenses or lost income as well as future losses - can be a volatile aspect. Your injuries could get worse over time. This could increase future loss or reduce the value of your current losses. Your lawyer will ensure that damages are determined based on your current injuries and the likelihood of the future recovery.

A lot of times insurance companies try to limit their payout for claims by arguing against specific aspects of your case. This could result in delay in settlement negotiations. However your lawyer has strategies to help you overcome these obstacles to get the best possible result for your case. In certain cases, the process of negotiating an agreement could take months or even years. There are many factors that affect the length of time that settlement negotiations take, but knowing what to expect will make the process less stressful and more effective for you.

The Trial Phase

While the majority of injuries cases are resolved through settlement negotiations, which are not in court, your attorney may decide to bring your case to trial if an acceptable resolution is not attainable. It is a stressful lengthy, costly and expensive procedure. It also requires the jury to decide whether the defendant should be accountable for your injuries, and how much money you should be awarded. Your lawyer should thoroughly investigate your case to determine the circumstances surrounding your injuries, the amount of injuries, damages, and costs.

At this moment, your lawyer will summon witnesses and experts to testify, and present physical evidence such as photographs, documents and medical reports. This is the "case-in-chief" phase. The defense attorney will summon witnesses to testify and argue as to why the plaintiff shouldn't be awarded damages. The judge or jury will then review the evidence and arguments presented by both sides.

The judge will explain to jurors the legal standards that must be met in order to decide in the favor of plaintiffs or against defendants. This is known as jury instruction. Following that, each side will present their closing arguments. If the jury is not able to agree on a verdict, the judge will declare that the trial is a mistrial. In some cases, an appeal may be available if you're not satisfied with the results of your trial.