Injury Litigation

Legally, it is a process by which you can recover compensation for your injuries and losses. Your marco island injury law firm lawyer will develop strong evidence for your case, including eyewitness testimony, medical documents as well as statements of the defendant and expert witness opinions.

Your lawyer will file your lawsuit. After the defendant responds then the case goes to an investigation stage, also known as discovery.

The Complaint

Before a lawsuit is filed, an injured party (plaintiff) must conduct pre-lawsuit discovery. This involves looking over the police accident reports, conducting informal discovery and identifying at-fault parties.

Once the plaintiff has done this, they are able to submit a summons and a complaint. The complaint identifies the party who is being sued. It also describes the harm caused by the defendant's conduct or lack thereof. It typically includes a request for compensation for the victim's medical bills and lost income, as well as pain and suffering, and other damages resulting from their injuries.

The defendant has 30 days to respond, which is also referred to as an answer. In this response, the defendant may acknowledge or deny the allegations made in the complaint. They may also file an appeal or include a third-party defendant in the suit.

During the discovery phase where both sides exchange pertinent information regarding their positions and fulton injury lawyer the evidence they have in the case. This typically includes depositions, written questions (called interrogatories) and requests for documents. This phase typically accounts for the most of the timeline for lawsuits. In this phase, if there are any settlement opportunities, these will be discussed. In the event that there is no settlement the case will go to trial. In this time your lawyer will present your side of the story before a judge or jury and the defendant will defend themselves.

The Discovery Phase

The discovery phase is a formal process that allows your legal team and the party at fault to exchange information and gather evidence. This could include witness statements, information regarding your medical treatment, injury and proof of the expenses you have incurred. Your attorney will have access to a variety of tools to assist you during discovery, such as interrogatories and requests for documents. Interrogatories are written questions that require a response written while requests for documents require the submission of all relevant documents under the control of each party. 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 don't have to prove their case in court. Depositions are live conversations with witnesses, where the attorney can ask them questions about the incident under oath, and get their answers recorded and transcribing by a court reporter.

Discovery may seem like an uncomfortable, long and intrusive process, but it is essential to collect the evidence needed to win your injury claim. Your lawyer will be in a position to discuss the details of the discovery process with you during your no-cost consultation. For instance, if you attempt to conceal a preexisting condition that has aggravated your erlanger Injury lawyer it could be discovered in the process of discovery and dismissed from your case.

The Negotiation Phase

Most injury cases aim to settle a case through negotiation. This process usually involves an exchange of back-and with 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 help decide on the number you want to request for your settlement and can then assist in negotiations.

The amount of damages, including medical bills, lost wages, and future losses, is an aspect that changes. Your injuries may worsen over time, which may 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 a full prognosis for future recovery.

Insurance companies usually try to limit their payout by challenging certain elements of your claim. This can prolong settlement negotiations but your lawyer will have strategies to help you get through these issues and get the best possible outcome for your case. Negotiating a settlement can be a lengthy process that can take months or years. Negotiations can take months or even a whole year based on many different factors.

The Trial Phase

Most cases involving injuries are resolved without court through settlement negotiations. If there is no resolution the lawyer could decide to proceed to trial. This can be a difficult long, expensive and costly process. The jury will also have to decide if you should be paid for your injuries and If so, what amount. It is therefore important for your lawyer to conduct thorough research on your case at this stage to fully comprehend how you were injured and the extent of your injuries, the damages and expenses.

At this point, your attorney will summon witnesses as well as experts to testify and present physical evidence such as photographs, documents and medical reports. This is known as the case-in chief phase. The defense attorney will summon witnesses to testify in defense, and argue that the plaintiff should not receive damages. The judge or jury weighs the evidence and arguments of both sides.

The judge will then go over the legal standards to be met in order 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 fails to reach a decision and the judge decides to declare a mistrial. If you are not happy with the result of your trial, there could be an appeal option.