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Injury Litigation Injuries litigation is the legal procedure that allows you to recover compensation for your losses and injuries Your lawyer for injury will make use of strong evidence to prove your case such as eyewitness testimonies medical documentation as well as the statements of the defendant and expert witness opinions Your lawyer will then begin to file your lawsuit Once the defendant has responded to the suit it moves to the stage of factfinding which is known as discovery The Complaint Before filing a lawsuit the person who has been injured plaintiff must conduct an investigation prior to filing a lawsuit This involves reading the police accident reports conducting informal discovery and identifying potential defendants After injury settlement santa rosa has completed this they can make a complaint and summons The complaint identifies who is the party that is being sued and details the harm caused by the defendants actions or inaction It usually includes a request for compensation for the victims medical bills loss of income suffering and pain as well as other damages that result from their injury The defendant has 30 days to respond which is also referred to as an answer In this response the defendant can acknowledge or deny the allegations made in the complaint They may also add a third party defendant or file an appeal During the discovery phase in the discovery stage both parties exchange pertinent information about their positions and evidence This process includes depositions also known as interrogatories as well as written questions also called interrogatories as well as requests for documents This phase usually takes up the majority of the timeline for a lawsuit If there are settlement opportunities they will be discussed The case will then proceed to trial if there is no settlement In this instance your attorney will be able to present your side of the story 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 party at fault to exchange information and gather evidence This could include witness testimony as well as details of your medical treatment and proof of losses you have suffered Your lawyer may also employ several tools during discovery to assist your case including interrogatories documents requests and depositions Requests for documents are requests to provide all relevant documentation that is under each partys control Interrogatories require written responses Requests for admission ask the other side to admit certain facts This could save time and money as attorneys do not need to prove the facts uncontested in court Depositions are recorded interviews with witnesses where your attorney can inquire about the incident under oath They will get their answers recorded and transcribing by a court reporter Discovery can be an uncomfortable lengthy and timeconsuming process however it is necessary to gather the evidence required to win your injury claim During your free consultation with your attorney you will be able discuss the specifics of the discovery process For example if you try to hide a preexisting health issue that caused your injury to get worse this information could be discovered in the process of discovery and removed from your case The Negotiation Phase Most injury cases aim to settle a case through negotiation This process usually involves an exchange of information back and between your lawyer and the insurer of the responsible party This may include informal conversationscorrespondence by phone in meetings by email where the parties trade offers and counteroffers Your lawyer can help you decide on the number you want to demand your settlement and can then assist in negotiations One of the difficulties of the process of settling an injury case is that the amount of your damages including medical bills as well as lost income and future losses is an evolving aspect Your injuries may get worse over time This could result in a rise in future losses or reduce the value of your current losses Your attorney will work to ensure that your damages are based on the current state of your injuries and an accurate prognosis for your future recovery In many cases insurance companies attempt to limit their payout for claims by challenging certain elements of your case This can cause delays in settlement negotiations but your lawyer has strategies to help you overcome these obstacles and get the most favorable outcome for your case In some instances negotiations to reach an agreement could take months or even years Negotiations can last for months or even years depending on many factors The Trial Phase Although the majority of injury cases are resolved through settlement talks outside of court your attorney may decide to bring your case to trial if a fair solution is not reached It is a stressful expensive and timeconsuming procedure It also requires the jury to decide if the defendant should be responsible for your injuries and how much money you will receive Your lawyer must thoroughly research your case to discover the circumstances surrounding your injuries the amount of injuries damages and the costs Your attorney will now summon witnesses and experts and present physical evidence including photographs documents medical reports This is the caseinchief phase The defense attorney will call witnesses to testify in rebuttal and argue as to why the plaintiff shouldnt be awarded damages The jury or judge will then consider the evidence and arguments presented by 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 known as jury instruction Each side then presents its closing arguments If the jury is not able to agree on a decision 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
