Injury Litigation

Injury litigation is a legal process by which you can claim compensation for your injuries and losses. Your lawyer for Garden Grove Injury Attorney will make use of strong evidence to prove your case, including eyewitness testimony from witnesses, medical records as well as the statements of the defendant and expert witness opinions.

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

The Complaint

Before filing a lawsuit the person who was injured (plaintiff) must conduct a an investigation prior to filing a lawsuit. This includes looking over police accident reports, conducting informal discovery and identifying responsible parties.

After the plaintiff has completed this, they can submit a summons and a complaint. The complaint describes the harm caused by the defendant's action or his actions. It usually includes a request to seek damages for the victim's injuries, including medical bills and lost wages as well as pain and suffering, among other damages.

The defendant has 30 days to respond, also known as an answer. In this response, the defendant can acknowledge or deny the allegations made in the complaint. They can also add third party defendants or make counterclaims.

During the discovery phase, both sides will exchange relevant information about their positions and the evidence in the case. This process includes depositions (also called interrogatories), written questions (also known as interrogatories) as well as requests for documents. This process usually occupies most of the time for the lawsuit. If there are settlement opportunities that are discussed, they will be discussed. In the event that there is no settlement the case will go to trial. During this period your lawyer will explain your side of the story 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 collect evidence. This can include witness statements, information regarding your medical treatment, as well as proof of the damages you have incurred. Your attorney can also use various tools in discovery to help your case, such as interrogatories, documents requests and depositions. Requests for documentation are requests to provide all relevant evidence that is within the respective parties' control. Interrogatories require written responses. Requests for admission are letters to the other party, asking them to admit certain facts. This will save time and money as the attorneys don't need to prove the facts in court. Depositions are recorded interviews with witnesses where your attorney can question them about the incident under oath and have their answers recorded and translated by a court reporter.

Discovery may seem like an uncomfortable, lengthy and time-consuming process, however it is necessary to gather the evidence needed to be successful in your claim for compensation. Your lawyer will be willing to go over the specifics of the discovery process with you during your free consultation. For instance, if you attempt to conceal a preexisting condition that has aggravated your injury attorney, this information could be discovered in the process of discovery and then thrown out of your case.

The Negotiation Phase

Reaching a negotiated settlement is the main goal of many lawsuits involving injuries. The process typically involves an exchange of information back and forth between your lawyer and Vimeo that of the insurer of the responsible party. 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 request for your settlement and assist in negotiations.

The amount of damages, including medical bills, lost wages, and future losses, is a variable that is constantly changing. Your injuries may worsen as time passes, which could increase the amount of your future losses and reduce the amount of your current losses. Your lawyer will ensure that your damages are dependent on the current condition of your injuries and an accurate prognosis for your future recovery.

Insurance companies frequently attempt to limit the amount they pay by arguing against certain aspects of your claim. This can delay settlement negotiations, but your lawyer has strategies to help you navigate these difficulties and Suffolk Injury Law Firm achieve the best possible outcome for your case. The process of negotiating an agreement can take months or years. Many factors affect how long settlement negotiations be, but knowing what to expect can make the process easier and more efficient for you.

The Trial Phase

While the majority of injuries cases are resolved by settlement negotiations outside of the courtroom, your attorney could choose to take your case to trial if an acceptable resolution is not reached. This can be a difficult lengthy, costly and expensive process. The jury will also have to decide if you are compensated for your injuries and, If so, what amount. Your lawyer should investigate your case to determine the circumstances of your injuries, the severity of damages, injuries and costs.

Your attorney will then call witnesses and experts and present evidence, such as photographs documents, documents, and medical reports. This is referred to as the case-in­-chief phase. The defense attorney will then summon witnesses to testify and argue for the reasons why the plaintiff shouldn't be awarded damages. The judge or jury considers the evidence and arguments of both sides.

The judge will then go over the legal requirements to be met in order for the jury to decide in favor of the plaintiff and against the defendant. This is referred to as jury instruction. Each side then gives its closing arguments. If the jury cannot reach an agreement on a verdict, the judge will declare the trial a mistrial. If you're not satisfied with the results of the trial, there could be an appeal option.