oceanside injury attorney Litigation

The legal process that allows you to recover compensation for your losses and injuries. Your lawyer for injury will make use of strong evidence to prove your case, including eyewitness testimony from witnesses, medical records, defendant's statements, and expert witness opinions.

Your lawyer will begin the process of filing your lawsuit. After the defendant has responded to the suit, it moves to a stage of fact-finding called discovery.

The Complaint

Before a lawsuit is filed, an injured person (plaintiff) must conduct pre-lawsuit discovery. This includes reviewing the police accident reports, conducting informal discovery and identifying possible responsible parties.

The plaintiff then has the option of filing a summons along with a complaint. The complaint identifies the person who is being sued and exposes the harm caused by the defendant's conduct or inaction. It usually includes a request for compensation for medical expenses as well as lost income, pain and suffering, and other damages that result from their injury.

The defendant has 30 days to respond, also referred to as an answer. In this response, the defendant may accept or deny the allegations made in the complaint. They may also add a third party defendant or make counterclaims.

During the discovery phase where both sides exchange pertinent information regarding their positions and the evidence in the case. This typically involves depositions written questions (called interrogatories), and requests for documents. This usually accounts for the majority of the timeframe for a lawsuit. In this stage, if there are any settlement options, these will be discussed. If not the case will proceed to trial. In this instance, your attorney will give your side of the story before a judge or a jury and the defendant will put on their defense.

The Discovery Phase

Discovery is a formal procedure that allows you and your legal team to share information with the other party and gather evidence. This can include witness statements, specifics regarding your medical treatment, as well as proof of the damages you've suffered. Your attorney can also use several tools during discovery to aid your case, such as interrogatories, documents requests and depositions. Interrogatories are written questions that require a response written and requests for documents requires the submission of all relevant documentation under the control of the parties. Requests for admission ask the other party to accept certain facts, which can help save time and money because lawyers do not have to prove the facts uncontested during trial. Depositions are live discussions with witnesses, during which your attorney can ask them questions regarding the incident under the oath. Their answers will be recorded and transcribing.

Discovery can be 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 capable of discussing the details of the discovery process with you during your no-cost consultation. For example, if you try to hide a prior condition that has caused your injury to worsen, this information could be discovered during the discovery process and removed from your case.

The Negotiation Phase

Negotiating a settlement is the main goal of many injuries. The process of achieving 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 choose the appropriate number to demand your settlement and can then assist in negotiations.

The amount of damages, such as medical bills, lost wages, injury and future losses, is a factor that is always changing. Your injuries could get worse over time, which could increase your losses in the future and decrease the value of your current losses. Your attorney will ensure that damages are determined based on the severity of your injuries and your prognosis for the future recovery.

Insurance companies frequently attempt to limit the amount they pay by arguing about certain aspects of your claim. This could result in delays in settlement negotiations. However your lawyer has strategies to assist you in overcoming these hurdles and obtain the best possible outcome for your case. The process of negotiating an agreement can take a long time or even years. Many factors affect the length of time settlement negotiations be, but knowing what to expect can make the process less stressful and more effective for you.

The Trial Phase

Most cases of Injury (Vimeo.com) are settled outside of court through settlement negotiations. If a resolution is not reached your lawyer might decide to take the case to trial. This is a costly, time-consuming and stressful process. The jury also has to decide if the defendant should be held liable for your injuries, and how much money you are entitled to. It is therefore important for your lawyer to thoroughly investigate your case prior to the trial to fully understand the way you were injured and the severity of your injuries, the damages and costs.

At this stage, your attorney will summon witnesses and experts to testify and present physical evidence such as documents, photographs and medical reports. This is referred to as the case-in­-chief phase. The defense attorney will summon witnesses to testify in rebuttal and argue for the reasons why the plaintiff should not be awarded damages. The jury or judge will then look at the evidence and arguments presented by both sides.

The judge will explain to the jury the legal requirements that must be adhered to in order for them to decide in favor of plaintiffs or against defendants. This is referred to as jury instruction. Following that, each side will present their closing arguments. If the jury cannot reach a consensus, the judge will declare a mistrial. In some rare cases an appeal could be available if not satisfied with the outcome of your trial.