Injury Litigation
Injury litigation is the legal process which allows you to claim compensation for your losses and injuries. Your injury lawyer will develop solid evidence for your case that includes eyewitness testimony as well as statements of the defendant and expert witness opinions.
Your lawyer will file your lawsuit. If the defendant does not respond then the case goes to an inquiry stage known as discovery.
The Complaint
Before the lawsuit is filed, an injured party (plaintiff) must conduct pre-lawsuit discovery. This involves reading police accident reports, conducting informal discovery, and identifying potential at-fault parties.
After the plaintiff has completed this, they can submit a summons and a complaint. The complaint identifies the person that is being sued and describes the harm caused by the defendant's actions or lack thereof. The typical complaint will include a demand for compensation for the victim's medical bills, lost income, suffering and pain, and other damages arising from their injuries.
The defendant then has 30 days to file a response called an answer in which they acknowledge or deny the allegations made in the complaint. They can also file an additional counterclaim or add a third-party defendant to the suit.
During the discovery stage, both parties will exchange pertinent information about their positions and the evidence. This usually involves depositions, written questions (called interrogatories) and requests for documents. This phase usually takes up the majority of the timeline for an action. In this stage, if there are settlement opportunities they will be discussed. The case will go to trial if there is no settlement. During this time, your attorney will tell your side of the tale before a judge or jury and the defendant will defend themselves.
The Discovery Phase
Discovery is a formal phase that allows you and your legal team to exchange information with the other party and collect evidence. This can include witness statements, specifics regarding your medical treatment, and proof of the losses you've incurred. Your attorney may use a variety tools to assist you during discovery, such as interrogatories and requests for documents. Requests for documents are requests to provide all relevant documents which is within each party's control. Interrogatories require written responses. Requests for admission are written letters to the other party, asking them to accept certain facts. This could save time and cost as the attorneys do not have to prove the facts at trial. Depositions are live, in-person interviews 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 it may appear to be a long painful, invasive and uncomfortable process, it is a necessary step to gather the evidence necessary to win your case. Your lawyer will be able to discuss the specifics of the discovery process with you during your complimentary consultation. If you attempt to conceal an injury that has already been aggravated due to a preexisting medical condition the information could be discovered during the process of discovery and your case could be dismissed.
The Negotiation Phase
The majority of cases involving injuries aim to settle a case through negotiations. This process usually involves a exchange of back and forth between your lawyer and the insurance company of the party 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 choose the appropriate number to ask for your settlement and can then assist in negotiations.
The amount of damages, including medical bills, lost wages and future losses, is a factor that is dynamic. Your injuries may worsen over time, which could increase your losses in the future and decrease the amount of your current losses. Your lawyer will ensure that your damages are determined by the current state of your injuries and an accurate prediction of your future recovery.
Often, insurance companies are trying to limit their payout for claims by arguing against some aspects of your case. This can lead to delays in settlement negotiations. However, your lawyer will have strategies that will assist you in overcoming these obstacles and achieve the best possible outcome for your case. Negotiating injury law firm long beach may take a long time or even years. Many factors affect the length of time settlement negotiations last, but knowing the length to expect can make the process less stressful and more efficient for you.
The Trial Phase
Most cases of injury are settled outside of court through settlement negotiations. If a resolution is not reached your lawyer could decide to bring the case to trial. This can be a stressful, expensive and time-consuming process. The jury must also decide if you are compensated for your injuries, and in the event that they do, how much. Your lawyer must thoroughly research your case in order to understand the circumstances of your injury, the extent of injuries, damages, and the costs.
Your attorney will now call witnesses and experts, and will present physical evidence, such as photographs or documents as well as medical reports. This is the "case-in-chief" phase. The defense attorney will then call witnesses to testify in rebuttal and argue as to why the plaintiff shouldn't be awarded damages. The judge or jury then considers the evidence and arguments of both sides.
The judge will explain to the jury the legal requirements which must be met in order for them to decide in the favor of plaintiff or against defendant. This is referred to as jury instruction. Then, each side presents their closing arguments. If the jury is unable to reach a consensus on a verdict then the judge declares a mistrial. If you're not satisfied with the outcome of your trial, there might be an appeal to be made.