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Injury Litigation Injuries litigation is the legal procedure that allows you to seek compensation for your losses and injuries Your lawyer for injury will construct strong evidence for your case by utilizing eyewitness testimony medical documentation in the form of defendant statements expert witness opinions Your lawyer will then submit your lawsuit After the defendant has responded to the lawsuit the case will move into an investigation of facts also known as discovery The Complaint Before filing a lawsuit the person who suffered the injury plaintiff must conduct a prelawsuit investigations This involves looking over the police accident reports conducting informal discovery and identifying potential atfault parties The plaintiff may then file a summons along with a complaint The complaint details the damage caused by the defendants action or his inaction It typically contains a request to seek damages to compensate the victim for their injuries including medical bills and lost wages pain and suffering and other damages The defendant then has 30 days to file a reply or answer in which they acknowledge or deny the allegations made in the complaint They may also make an additional counterclaim or add a thirdparty defendant to the suit During the discovery phase both sides will exchange pertinent information regarding their positions and the evidence in the case This usually involves depositions written questions called interrogatories and requests for documents This typically comprises the major portion of the litigation timeline If there are settlement options these will occur during this period If not the case will progress to trial During this time your attorney will be able to provide 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 phase that allows you and your legal team to share information with the other party and collect evidence It could include witness statements information regarding your medical treatment and evidence of the losses that you have suffered Your attorney may use a variety tools to aid you in discovery including interrogatories and requests for documents Interrogatories are written questions which require a response in writing as well as requests for documents requires the submission of all relevant documentation that is under the control of each party Requests for admission require the other party to admit certain facts This can save time and money since lawyers do not have to prove these facts during trial Depositions are live conversations with witnesses During these interviews your attorney can ask them questions regarding the incident while under an oath Their responses will be recorded and transcribing Although discovery can appear to be a long unpleasant timeconsuming and uncomfortable process however it is an essential step to gather the evidence needed to win your injury case During your consultation for free your attorney will be able to explain the details of the discovery process If you try to hide an injury that was already present and aggravated due to a medical condition that was already present this information may be discovered during discovery and your case could be thrown out The Negotiation Phase The majority of injury cases seek to settle the case through negotiations The process typically involves a back and between your lawyer and that of the responsible partys insurer This may include informal conversationscorrespondence by phone in meetings by email where the parties trade offers and counteroffers Your lawyer can assist in deciding on the number of settlement that you want to seek and assist in negotiations The amount of damages which includes medical bills lost wages and future losses is an aspect that is constantly changing Your injuries could worsen over time This could result in a rise in future loss or reduce the value of your current losses Your lawyer will ensure that damages are determined based on your current injuries and the likelihood of the future recovery Most often insurance companies are trying to limit their payouts for claims by arguing against specific elements of your case This can result in delay in settlement negotiations However injury case sandy will have strategies to assist you in overcoming these hurdles and obtain the best possible result for your case Negotiating a settlement can take months or even years Negotiations can last for months or even years based on a variety of factors The Trial Phase Most injury cases are resolved without court through settlement negotiations If the resolution isnt reached your lawyer could decide to bring the case to trial It is a costly timeconsuming and stressful process The jury must also decide if you should be compensated for your injuries and if so how much It is crucial for your lawyer to conduct thorough research on your case at this point to fully understand the nature of your injuries and the extent of your injuries the damages and expenses Your lawyer will now call witnesses and experts and present evidence such as photos documents documents and medical reports This is referred to as the caseinchief phase The defense attorney will call witnesses to testify for counter argument and argue that plaintiffs should not be awarded damages The judge or jury then decides on the arguments and evidence of both sides 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 the plaintiff or against the defendant This is known as jury instruction Following that each side will present their closing arguments If the jury is unable to agree on a decision the judge will declare the trial a mistrial In some rare instances an appeal could be available if you are not satisfied with the result of your trial
