Injury Litigation's History History Of Injury Litigation
Injury Litigation
Injury litigation is a legal procedure that allows you to get compensation for your injuries and losses. Your injury lawyer will develop solid evidence in your case by utilizing eyewitness testimony, medical records in the form of defendant statements, expert witness opinions.
Your lawyer will then submit your lawsuit. When the defendant has responded, the case enters the discovery phase, which is a process of finding facts.
The Complaint
Before a lawsuit is filed, the injured person (plaintiff), must conduct pre-lawsuit investigation. This involves looking over the police accident reports, conducting informal discovery and identifying possible at-fault parties.
The plaintiff may then file an accusation and summons. The complaint details the damage caused by the defendant or his inaction. It usually includes a request to seek damages for the victim's injuries including medical bills, lost wages as well as pain and suffering, among other damages.
The defendant has 30 days to respond, also referred to as an answer. In this response, the defendant can accept or deny the allegations made in the complaint. They may also file a counterclaim or add a third-party defendant to the suit.
During the discovery phase where both sides exchange relevant information about their respective positions and evidence in the case. This includes depositions (also known as interrogatories) and written questions (also called interrogatories) as well as requests for documents. This is typically the major portion of the litigation timeline. In this stage, if there are settlement opportunities the possibility of settlement will be discussed. The case will go to trial if there's no settlement. In this instance your attorney will be able to give your side of the story before a jury or judge and the defendant will take on their defense.
The Discovery Phase
The discovery phase is a formal procedure that permits your legal team and the at-fault party to exchange information and collect evidence. injury law firm rock hill could include witness statements, information about your medical treatment and proof of the losses that you have suffered. Your attorney will have access to a variety of tools to aid you in discovery, such as interrogatories or requests for documents. Requests for documents are the requests to provide all relevant documentation 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 money as the attorneys do not need to prove their claims at trial. Depositions are live interviews with witnesses. During these interviews, your attorney can ask them questions regarding the incident under the oath. Their responses will be recorded and transcribed.
While discovery may seem like a long painful, invasive and uncomfortable process, it is a necessary step to gather the evidence needed to win your injury case. During your consultation for free, your attorney will be able discuss the details of the discovery process. For instance, if you attempt to conceal a preexisting condition that has caused your injury to worsen it could be discovered in the process of discovery and thrown out of your case.
The Negotiation Phase
The negotiation of a settlement is the aim of the majority of injury cases. The process typically involves a exchange of back and to and back-and-forth between your lawyer as well as the insurer of the responsible party. This may include informal conversations/correspondence (by phone, in meetings, by email) where the parties trade offers and counter-offers. Your lawyer can assist in deciding on the number of settlements you would like to request and assist in negotiations.
One of the issues with settling an injury claim is that the amount of your damages which includes medical bills loss of income, future losses - is an evolving aspect. Your injuries could worsen over time. This could increase future losses or diminish the value of your current losses. Your attorney will ensure that damages are determined based on the severity of your injuries and the prognosis of future recovery.
A lot of times, insurance companies are trying to limit the amount they pay for claims by arguing against certain elements of your case. This can delay settlement negotiations however, your lawyer has strategies to help you navigate these difficulties and achieve the most favorable outcome for your case. Negotiating an agreement can sometimes take months or years. Negotiations can last for several months or even years, depending on many factors.
The Trial Phase
The majority of injury cases are resolved outside of court through settlement negotiations. If a resolution is not reached, your lawyer may decide to bring the case to trial. This can be a difficult long, expensive and costly process. It also requires the jury to decide whether the defendant is responsible for your injuries and the amount you should be awarded. Your lawyer must thoroughly research your case to determine the circumstances surrounding your injuries, the severity of injuries, damages, and the costs.
At this stage, your attorney will summon witnesses and experts to testify. They will also provide evidence in the form of photographs, documents and medical reports. This is the "case-in-chief" phase. The defense attorney will summon witnesses to testify on behalf of a counter argument, and argue that plaintiffs should not be awarded damages. The judge or jury will then consider the evidence and arguments presented by both parties.
The judge will then discuss the legal requirements which must be followed for the jury to come up with a verdict in favor of the plaintiff and against the defendant. This is referred to as jury instruction. Each side then gives its closing arguments. If the jury cannot reach an agreement on a verdict, the judge will declare the trial a mistrial. If you're not satisfied with the results of your trial, there could be an appeal available.