fontana injury lawyer Litigation

Injury litigation is the legal process that allows you to seek compensation for your losses and injuries. Your illinois injury law firm lawyer will develop solid evidence for your case, including eyewitness testimony as well as statements of the defendant and expert witness opinions.

Your lawyer will then submit your lawsuit. After the defendant responds and the case is moved to an investigation stage, also known as discovery.

The Complaint

Before a lawsuit can be filed, the injured person (plaintiff) must conduct pre-lawsuit discovery. This involves reviewing the police accident reports, conducting informal discovery, and identifying potential defendants.

Once the plaintiff has done this, they can file a summons and complaint. The complaint describes the harm caused by the defendant or his inaction. It usually includes a request for compensation for the victim's medical expenses, lost income, pain and suffering, and other damages arising from their injury.

The defendant then has 30 days to file a reply, known as an answer in which they either admit or deny the allegations made in the complaint. They can also add a third party defendant or make an appeal.

During the discovery phase where both sides exchange pertinent information regarding their positions and the evidence in the case. This usually involves depositions, written questions (called interrogatories) and requests for documents. This usually takes up the majority of the timeframe for a lawsuit. During this phase, if there are any settlement opportunities they will be discussed. If not the case will proceed to trial. During this time the attorney will explain your case to a judge or jury and the defendant will put on their defense.

The Discovery Phase

Discovery is a formal stage that allows you and your legal team to share information with the other party and collect evidence. This can include witness statements, details regarding your medical treatment, and evidence of the losses you've incurred. Your lawyer can also make use of different tools during discovery to assist your case, including interrogatories, requests for documents and depositions. Interrogatories are written queries that require a written answer and requests for documents involves requesting all relevant documentation that is under the control of each party. Requests for lawsuit admission are written requests to the other party, asking for their admission to certain facts. This can save time and money since attorneys don't have to prove the facts at trial. Depositions are live discussions with witnesses. Your attorney can ask them questions about the incident under the oath. Their responses will be recorded and then transcribed.

Discovery may seem like an uncomfortable, lengthy and intrusive process, but it's necessary to collect the evidence you need to win your injury claim. Your lawyer will be willing to go over the specifics of the discovery process with you during your no-cost consultation. If you try to hide a preexisting injury that worsened due to a preexisting medical condition The information could be found out during discovery and your case could be dismissed.

The Negotiation Phase

Negotiating a settlement is the aim of the majority of injuries. The process of achieving this goal typically involves an exchange of information 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 help you determine the best number to demand for your settlement and then assist in negotiations.

One of the issues with the process of settling an injury case is that the amount of your damages (including medical bills or lost income as well as future losses - is a constantly changing aspect. Your injuries could worsen over time. This could increase future losses or diminish the value of current losses. Your attorney will work to ensure that your damages are in line with the current condition of your injuries as well as a complete outlook for future recovery.

Insurance companies often attempt to limit their payout by arguing against certain aspects of your claim. This could lead to delays in settlement negotiations. However, your lawyer has strategies to help you overcome these obstacles and get the best possible result for your case. Negotiating a settlement can be a lengthy process that can take months or years. Many factors affect the length of time settlement negotiations last, but knowing the length to expect can make the process less stressful and more efficient for you.

The Trial Phase

Most injury cases are settled outside of court through settlement negotiations. If an agreement is not reached your lawyer could decide to proceed to trial. This is a costly lengthy, time-consuming and stressful procedure. The jury will also have to decide if you should be compensated for your injuries and, If so, what amount. It is therefore crucial for your lawyer to thoroughly research your case at this point to fully understand the way you were injured and the severity of your injuries, the damages and costs.

At this point, your attorney will call witnesses and experts to testify and present evidence of physical nature, such as documents, photographs, and medical reports. This is the "case-in-chief" phase. The defense attorney will summon witnesses to testify as a defense, and argue that plaintiffs shouldn't be awarded damages. The judge or jury then evaluates the arguments and evidence of both sides.

The judge will explain to the jury the legal standards that must be followed in order for them to decide whether to go in favor of the plaintiff or against the defendant. This is called jury instruction. Each side then presents its closing arguments. If the jury is unable to reach a consensus on a verdict and the judge declares a mistrial. If you're not satisfied with the results of the trial, there could be a right to appeal.