repairwood1
User Name: You need to be a registered (and logged in) user to view username.
Total Articles : 0
Injury Litigation The legal process that allows you to recover compensation for your injuries and losses Your injury lawyer will develop strong evidence in your case that includes eyewitness testimony medical documents in the form of defendant statements expert witness opinions Your lawyer will start the lawsuit Once the defendant has responded to your lawsuit the case goes into a stage of factfinding called discovery The Complaint Before the lawsuit is filed an injured party plaintiff must conduct prelawsuit discovery injury law firm tallahassee includes reviewing police accident reports and conducting informal discovery and identifying any potentially liable parties and possible causes of action that could be filed against them The plaintiff is then able to file an order with a complaint The complaint details the damage caused by the defendants actions or his actions The typical complaint will include a demand for compensation for the victims injuries including medical bills lost wages pain and suffering and other damages The defendant has 30 days to respond referred to as an answer In this response the defendant can accept or deny the allegations made in the complaint They can also file a counterclaim or add a thirdparty defendant to the suit During the discovery stage both parties will exchange relevant information regarding their positions and evidence This typically involves depositions written questions called interrogatories and requests for documents This typically comprises the most of the timeline for lawsuits If there are settlement options they will take place during this time The case will proceed to trial if there is no settlement During this time your lawyer will present your side of the tale 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 share information with the other party and collect evidence It could include witness statements information regarding your medical treatment and evidence of the losses youve incurred Your attorney can utilize a variety of tools to aid you in discovery including interrogatories as well as requests for documents Interrogatories are written questions that require a written answer while request for documents requires the submission of all relevant documents that fall under the control of the parties Requests for admissions require the other party to accept certain facts This can save time and money as the attorneys dont have to prove the facts uncontested during trial Depositions are recorded interviews with witnesses where the attorney can ask them questions about the incident under oath get their answers recorded and transcribing by a court reporter Although it may seem like a lengthy process that is invasive uncomfortable and tedious however it is an essential step to gather the evidence you need to win your injury claim Your attorney will be able to discuss the specifics of the discovery process with you during your nocost consultation If you attempt to conceal an injury that has already been aggravated due to a preexisting medical condition This information could be discovered during the process of discovery and your case could be dismissed The Negotiation Phase The majority of injury cases seek to settle a case through negotiations The process of reaching this goal is usually a backandforth exchange between your lawyer and the responsible partys 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 deciding the amount of settlement you wish to request and assist with negotiations The amount of damages such as medical bills lost wages and future losses is an aspect that is always changing Your injuries could get worse over time This could increase future loss or reduce the value of your current losses Your lawyer will ensure that your damages are in line with the current condition of your injuries and a complete outlook for future recovery Insurance companies usually try to limit their payout by challenging certain elements of your claim This could delay settlement negotiations however your lawyer has strategies to help you overcome these difficulties and achieve the best possible outcome for your case Negotiating an agreement can sometimes be a lengthy process that can take months or years Numerous factors influence the length of time that settlement negotiations take but knowing what to expect will make the process less stressful and more efficient for you The Trial Phase While the majority of injuries cases are resolved through settlement negotiations which are not in the courtroom your attorney might decide to take your case to trial if a satisfactory resolution is not reached This can be a costly lengthy timeconsuming and stressful procedure The jury also has to decide whether the defendant is held accountable for your injuries and how much money you should be awarded Your lawyer must thoroughly investigate your case to understand the circumstances of your injury the extent of the injuries damages and the costs Your attorney will now call witnesses and experts and present evidence like photographs documents documents and medical reports This is known as the caseinchief phase The defense attorney will call witnesses to testify in defense and argue that the plaintiff should not be entitled to damages The judge or jury will then review the evidence and arguments presented by both parties The judge will explain to jurors the legal standards that must be followed in order for them to make a decision in favor of the plaintiff or against the defendant This is referred to as jury instruction After that both sides present their closing arguments If the jury is unable to agree on a verdict the judge will declare that the trial a mistrial In some cases an appeal may be available if you are unhappy with the outcome of your trial
