Injury Litigation

Injury litigation is the legal procedure that allows you to seek compensation for your injuries and losses. Your norwalk injury lawyer attorney will build solid evidence for your case including eyewitness testimony, medical documents in the form of defendant statements, expert witness opinions.

Your lawyer will then file your lawsuit. After the defendant has replied, the case moves into the stage of fact-finding, which is known as discovery.

The Complaint

Before the lawsuit can be filed, an injured party (plaintiff) must conduct pre-lawsuit discovery. This involves reviewing police accident reports and conducting informal discovery and identifying parties that could be liable and available causes of action that may be brought against them.

The plaintiff then has the option of filing a summons along with a complaint. The complaint details the damages caused by the defendant or his actions. It usually includes a request for damages for the victim's injuries including medical bills loss of wages along with pain and suffering and other damages.

The defendant will then have 30 days to file a reply or answer in which they either admit or deny the allegations in the complaint. They may also add a third party defendant or file an appeal.

During the discovery phase in the discovery phase, both sides will exchange relevant information about their positions and evidence in the case. This includes depositions (also called interrogatories) as well as written questions (also called interrogatories) and requests for documents. This usually accounts for the most of the timeline for lawsuits. During this phase, if there are any settlement possibilities, these will be discussed. The case will proceed to trial if there is no settlement. During this time your lawyer will explain your story before a judge or jury and the defendant will defend themselves.

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. It could include witness statements, specifics about your medical treatment and attorneys evidence of the losses you've suffered. Your lawyer may also employ several tools during discovery to help your case, including interrogatories, documents requests and depositions. Requests for documents are requests to provide all relevant documents that is within the respective parties' control. Interrogatories require written responses. Requests for admission ask the other side to admit certain facts, which can reduce time and cost since the attorneys do not have to prove these undisputed facts in court. Depositions are recorded interviews with witnesses where your attorney can inquire about the incident under oath. get their answers recorded and translated by a court reporter.

While discovery may appear to be a long process that is invasive, uncomfortable and tedious but it's a crucial step to gather the evidence necessary for winning your injury case. During your free consultation the attorney can discuss the specifics of the discovery process. If you try to hide an injury that is preexisting and has gotten worse due to a medical condition that was already present This information could be found out during discovery and your case could be thrown out.

The Negotiation Phase

The majority of charlotte injury law firm cases seek to reach a settlement through negotiations. This usually involves a back and forth between your lawyer and that of the responsible party's insurer. This may include informal conversations/correspondence (by phone, in meetings, by email) where the parties trade offers and counter-offers. Your lawyer can help choose the appropriate number to demand for your settlement and then assist in negotiations.

The amount of damages, such as medical bills, lost wages, and future loss, is a factor that is always changing. Your injuries may get worse over time. This could lead to a rise in future losses or reduce the value of your current losses. Your lawyer will ensure that your damages are determined based upon your current injuries and your prognosis for the future recovery.

Insurance companies often attempt to limit their payout by challenging certain elements of your claim. This could lead to a delay in settlement negotiations. However your lawyer will have strategies to assist you in overcoming these obstacles and get the best outcome for your case. In certain cases, the process of negotiating an agreement can be lengthy, sometimes even for years. Negotiations can take months or even years depending on various factors.

The Trial Phase

The majority of injury cases are settled outside of court through settlement negotiations. However, if there is no resolution your lawyer could decide to bring the case to trial. This can be a costly lengthy and time-consuming procedure that can be stressful. The jury must also decide if you are compensated for your injuries, and If so, what amount. It is therefore important for your lawyer to conduct a thorough investigation of your case at this point to fully understand the way you were injured, the extent of your injuries, the damages and expenses.

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 known as the case-in-chief phase. The defense attorney will then call witnesses to testify and argue why the plaintiff should not be awarded damages. The judge or jury weighs the evidence and arguments of both sides.

The judge will explain to the jury the legal standards that must be met in order to decide in the favor of plaintiffs or against defendants. This is referred to as jury instruction. Afterwards, each side makes their closing arguments. If the jury fails to reach a consensus then the judge declares a mistrial. In some rare instances an appeal could be available if you are unhappy with the outcome of your trial.