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Injury Litigation Injury litigation is the legal process which allows you to claim compensation for your losses and injuries Your lawyer will create solid evidence for your case including eyewitness testimony medical records testimony of the defendant expert witness opinions Your lawyer will then start the lawsuit If the defendant does not respond then the case goes to a factfinding stage called discovery The Complaint Before the lawsuit can be filed the injured person plaintiff must conduct prelawsuit discovery This includes reviewing accident reports as well as conducting informal discovery and identifying parties that could be liable and available legal remedies that can be argued against them After the plaintiff has completed this they can file a summons and complaint The complaint identifies who is the party who is being sued It also describes the harm caused by the defendants conduct or inaction It typically includes a demand to recover damages for injuries suffered by the victim including medical bills as well as lost wages pain and suffering and other damages The defendant will then have 30 days to file a reply or answer in which they acknowledge or deny the allegations contained in the complaint They may also make a counterclaim or add a third party defendant to the suit During the discovery phase the parties will exchange pertinent information about their positions and the evidence This process includes depositions also known as interrogatories as well as written questions also known as interrogatories and requests for documents This is usually most of the time for the lawsuit In this stage if there are any settlement options the possibility of settlement will be discussed Otherwise the case will progress to trial During this time your attorney will provide your case to a judge or jury and the defendant will take on their defense The Discovery Phase The discovery phase is a formal process that permits your legal team and the atfault party to exchange information and collect evidence It could include witness statements and details about your medical treatment as well as proof of losses you have suffered Your attorney can utilize a variety of tools to assist you during discovery including interrogatories and requests for documents Interrogatories are written inquiries that require a written answer while request for documents involve requesting all relevant documentation under the control of the parties Requests for admission are written demands to the other side asking for them to acknowledge certain facts This could save time and money since attorneys dont need to prove their claims at trial Depositions are live interviews of witnesses where the attorney can interview them about the incident under oath They will have their answers recorded and transcribed by a court reporter Discovery may seem like an uncomfortable lengthy and invasive process but its necessary to collect the evidence you need to be successful in your claim for compensation During your consultation for free your attorney will be able to explain the specifics of the discovery process For instance if attempt to conceal a preexisting condition that has aggravated your injury and this information is discovered during the discovery process and dismissed from your case The Negotiation Phase Negotiating a settlement is the goal of most injuries The process of reaching this goal is usually an exchange of information between your lawyer and the insurance company This may include informal conversationscorrespondence by phone in meetings by email where the parties trade offers and counteroffers Your lawyer can help you in determining the amount of settlements you wish to demand and then help with 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 increase future losses or diminish the value of your current losses Your lawyer will ensure that damages are determined based on the severity of your injuries and the likelihood of the future recovery injury lawyer ventura attempt to limit their payout by challenging certain elements of your claim This could lead to delay in settlement negotiations However your lawyer will have strategies that will help you overcome these obstacles and get the best possible result for your case Negotiating an agreement can sometimes take a long time or even years Negotiations can last for months or even years based on a variety of factors The Trial Phase Most cases involving injuries are resolved without court through settlement negotiations If a resolution is not reached your lawyer may decide to take the case to trial This can be a difficult costly and timeconsuming procedure It also requires the jury to decide whether the defendant is responsible for your injuries and the amount you should be awarded It is crucial for your lawyer to thoroughly research your case prior to the trial to fully understand the extent of your injuries the extent of your injuries the damages and costs Your attorney will now call witnesses and experts and present evidence like photographs documents medical reports This is the caseinchief phase The defense attorney will call witnesses to testify on behalf of a counter argument and argue that plaintiffs shouldnt be awarded damages The judge or jury will then look at the evidence and arguments offered by both parties The judge will explain to jurors the legal standards that must be adhered to in order for them to decide whether to go in favor of plaintiff or against defendant This is referred to as jury instruction Each side will then present its closing arguments If the jury fails to agree on a verdict and the judge decides to declare a mistrial In some rare instances appeals may be available if youre not satisfied with the outcome of your trial
