Injury Litigation

The legal process that allows you to collect compensation for your losses and injuries. Your lawyer will use strong evidence to support your case, which includes eyewitness testimony, medical documents, defendant's statements, and expert witness opinions.

Your lawyer will then submit your lawsuit. Once the defendant has responded, the case enters a fact-finding stage called discovery.

The Complaint

Before a lawsuit is filed the person who has been injured (plaintiff), must conduct an investigation prior to filing a lawsuit. This involves looking over the police accident reports, conducting informal discovery, and identifying potential defendants.

Once the plaintiff has done this, they are able to file a summons and complaint. The complaint identifies the person who is being sued, and describes the harm that was caused by the defendant's actions or lack thereof. It typically contains a request to recover damages to compensate the victim for vimeo their injuries, including medical bills and lost wages or income, vimeo as well as pain and other damages.

The defendant will then have 30 days to file a response called an answer in which they acknowledge or deny the allegations made in the complaint. They can also file an appeal or add a third-party defendant the suit.

During the discovery phase where both sides exchange relevant information about their positions and evidence in the case. This usually involves depositions, written questions (called interrogatories), and requests for documents. This typically comprises the majority of the lawsuit timeline. In this stage, if there are settlement opportunities that are discussed, they will be discussed. In the event that there is no settlement the case will proceed to trial. During this period your lawyer will provide your case before a jury or judge and the defendant will take on their defense.

The Discovery Phase

The discovery phase is a formal procedure that allows your legal team and the party at fault to exchange information and collect evidence. It could include witness statements, details of your medical treatment, as well as proof of losses you have suffered. Your lawyer can also make use of several different tools during discovery to help your case, such as interrogatories and requests for documents and depositions. Requests for documents are the requests to provide all relevant documentation which is within each party's control. Interrogatories require written responses. Requests for admissions ask the other party to acknowledge certain facts. This could save time and money as lawyers do not have to prove these undisputed facts at trial. Depositions are live conversations with witnesses. During these interviews, your attorney can ask them questions about the incident while under the oath. Their responses will be recorded and then transcribed.

Discovery may seem like an uncomfortable, long and intrusive process, but it's necessary to collect the evidence needed to win your injury claim. Your attorney will be capable of discussing the details of the discovery process with you during your complimentary consultation. If you try to hide a preexisting injury that worsened due to a medical condition that was already present The information could be found out during discovery and your case could be thrown out.

The Negotiation Phase

The negotiation of a settlement is the main goal of many rapid city injury attorney cases. The process of reaching this goal is usually an exchange of information between your lawyer and Vimeo 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 decide on the number you want to demand for your settlement and can then assist in negotiations.

One of the biggest challenges in settlement of an injury claim is that the amount you are owed including medical expenses as well as lost income and future losses - can be a volatile aspect. Your injuries could get worse over time, which may increase your losses in the future and decrease the amount of your current losses. Your attorney will ensure that your damages are determined based on the severity of your injuries and the likelihood of the future recovery.

Insurance companies typically attempt to limit their payout by arguing about certain aspects of your claim. This could delay settlement negotiations but your lawyer will have strategies to help you overcome these obstacles and get the best possible outcome for your case. In some cases negotiations to reach an agreement can take months or even years. Numerous factors influence the length of time that settlement negotiations take, but knowing what to expect can make the process easier and more efficient for you.

The Trial Phase

Although the majority of injury cases are resolved through settlement talks outside of court, your lawyer may decide to take your case to trial if an acceptable resolution is not attainable. This is an expensive lengthy, time-consuming and stressful procedure. The jury will also have to decide if you are paid for your injuries and If so, what amount. Your lawyer must thoroughly investigate your case to understand the circumstances surrounding your injury attorney, as well as the severity of damages, injuries and the costs.

Your attorney will now call witnesses as well as experts and present physical evidence, like photographs documents, medical reports. This is referred to as the case-in­-chief phase. The defense attorney will call witnesses to testify as a argument against the plaintiff, and argue that the plaintiff should not be entitled to damages. The judge or jury weighs the evidence and arguments of both sides.

The judge will then outline the legal standards which must be followed for the jury to rule for the plaintiff and against the defendant. This is referred to as jury instruction. Afterwards, each side makes their closing arguments. If the jury cannot reach an agreement on a verdict, the judge will declare the trial a mistrial. If you are not happy with the results of your trial, there may be an appeal to be made.