Injury Litigation

The process of suing for injury lawyer is a legal procedure that allows you to claim compensation for your injuries and losses. Your injury attorney will build strong evidence in your case including eyewitness testimony testimony of the defendant, expert witness opinions.

Your lawyer will then start the lawsuit. Once the defendant has responded and the case is moved to the discovery phase, which is a process of finding facts.

The Complaint

Before filing a lawsuit the person who has been injured (plaintiff) must conduct a pre-lawsuit investigation. This entails reviewing police accident reports, conducting informal discovery, and identifying potentially liable parties and possible legal remedies that can be asserted against them.

After the plaintiff has completed this, they can file a summons and complaint. The complaint outlines the harm caused by the defendant's or his inaction. It usually includes a request to seek damages to compensate the victim for their injuries, including medical bills loss of wages or income, as well as pain and other damages.

The defendant is then given 30 days to file a response, known as an answer in which they acknowledge or deny the allegations contained in the complaint. They may also add an additional defendant, or file counterclaims.

During the discovery phase, both parties will exchange relevant information regarding their positions and the evidence. This usually includes depositions, written questions (called interrogatories), and requests for documents. This usually takes up most of the time for an action. In this phase, if there are any settlement possibilities the possibility of settlement will be discussed. If not, the case will progress to trial. During this time your lawyer will present your story before a judge or jury and the defendant will defend themselves.

The Discovery Phase

Discovery is a formal process that allows you and your legal team to exchange information with the other party and gather evidence. This could include witness statements, specifics about your medical treatment and proof of the expenses you have incurred. Your attorney will have access to a variety of tools to assist you during discovery, such as interrogatories or requests for documents. Interrogatories are written queries which require a response in writing while requests for documents involves requesting all relevant documents under the control of the parties. Requests for admission are written requests to the other side asking for them to acknowledge certain facts. This can save time and money as the attorneys don't need to prove the facts during trial. Depositions are live, in-person interviews with witnesses, during which your attorney can ask them questions about the incident under oath. Their answers will be recorded and transcribing.

While it might appear to be a long painful, invasive and uncomfortable process, it is a necessary step to gather the evidence required to win your new orleans injury lawsuit claim. During your free consultation with your attorney, you will be able to discuss the details of the discovery process. For instance, if you try to hide a preexisting health issue that caused your injury to get worse and this information is discovered in the process of discovery and dismissed from your case.

The Negotiation Phase

The negotiation of a settlement is the aim of the majority of lawsuits involving injuries. This process usually involves an exchange of information back and between your lawyer and the insurer of the party who is responsible. This may include informal conversations/correspondence (by phone, in meetings, by email) where the parties trade offers and counter-offers. Your lawyer can assist you in deciding on the number of settlement you wish to demand and then help in negotiations.

The amount of damages, including medical bills, lost wages and future loss, is a factor that changes. Your injuries could get worse over time. This could result in a rise in future losses or diminish the value of your current losses. Your attorney will ensure that your damages are determined based on your current injuries and your prognosis for future recovery.

Insurance companies typically try to limit their payout by arguing about certain aspects of your claim. This can lead to a delay in settlement negotiations. However, your lawyer has strategies to assist you in overcoming these obstacles and achieve the best possible outcome for injury attorney your case. In some instances negotiations to reach an agreement can take months or even years. Negotiations can take several months or even years, depending on many different factors.

The Trial Phase

While the majority of cases involving injuries are resolved through settlement negotiations, which are not in court, your lawyer may choose to take your case to trial if a fair solution is not reached. It is a stressful long, expensive and costly procedure. The jury also has to decide if the defendant should be held liable for your injuries, and how much money you should be awarded. Your lawyer must thoroughly research your case in order to understand the circumstances surrounding your injury, the extent of damages, injuries, and the costs.

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

The judge will then go over the legal standards that must be met for the jury to come up with a verdict in favor of the plaintiff and against the defendant. This is referred to as jury instruction. Following that, each side will present their closing arguments. If the jury is not able to agree on a final verdict, the judge will declare that the trial a mistrial. In some cases an appeal could be available if not satisfied with the results of your trial.