Injury Litigation
The process of suing for injury is a legal process that allows you to claim compensation for your injuries and losses. Your lawyer will use strong evidence to prove your case. This includes eyewitness testimony from witnesses, medical records as well as the statements of the defendant and expert witness opinions.
Your lawyer will then start the lawsuit. Once the defendant has responded to your lawsuit, the case goes into the stage of fact-finding, which is known as discovery.
The Complaint
Before the lawsuit can be filed, an injured party (plaintiff) must conduct pre-lawsuit discovery. This entails reviewing police accident reports, conducting informal discovery, and identifying any potentially liable parties and the possible causes of action that may be argued against them.
Once the plaintiff has done this, they can submit a summons and a complaint. The complaint describes the harm caused by the defendant's action or his inaction. It typically contains a request for compensation for the victim's medical bills as well as lost income, pain and suffering, and 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 is able to acknowledge or deny the allegations made in the complaint. They may also make an additional counterclaim or add a third-party defendant to the suit.
During the discovery phase the parties will exchange pertinent information about their positions and evidence. This usually includes depositions, written questions (called interrogatories), and requests for documents. This is typically the most of the timeline for lawsuits. If there are settlement options that are available, they will be negotiated during this period. The case will proceed to trial if there's no settlement. In this time, your attorney will tell your story before a judge or jury and the defendant will defend themselves.
The Discovery Phase
The discovery phase is a formal process that permits your legal team and the at-fault party to exchange information and collect evidence. This could include witness statements, information about your medical treatment and proof of the expenses that you have suffered. Your attorney may use a variety tools to assist you during discovery, including interrogatories as well as requests for documents. Requests for documents are the requests to supply all relevant documentation that is within the respective parties' control. injury attorney missouri city require written responses. Requests for admissions ask the other party to accept certain facts. This can reduce time and cost since attorneys do not need to prove these facts during trial. Depositions are live interviews with witnesses, where your attorney can ask them questions about the incident under the oath. Their responses will be recorded and transcribed.
Discovery can be an uncomfortable, long and invasive process, but it is necessary to gather the evidence you need to prove your injury claim. Your attorney will be able to discuss the specifics of the discovery process with you during your complimentary consultation. For instance, if try to hide a prior condition that has caused your injury to worsen and this information is discovered in the process of discovery and thrown out of your case.
The Negotiation Phase
A settlement that is negotiated is the aim of the majority of injury cases. This usually involves an exchange of back-and forth between your lawyer and that of 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 in deciding on the amount of settlements you wish to request and assist with negotiations.
One of the biggest challenges in settlement of an injury claim is that the amount you are owed (including medical bills loss of income, future losses - is a dynamic aspect. Your injuries may get worse over time. This could increase future losses or diminish the value of current losses. Your attorney will ensure that damages are determined based upon your current injuries as well as the probability of future recovery.
Insurance companies usually attempt to limit the amount they pay by disputing certain elements of your claim. This could result in delays in settlement negotiations. However, your lawyer will have strategies that will help you overcome these obstacles and get the best outcome for your case. In certain cases the process of negotiating an agreement could be a long process that can take months or even years. Numerous factors influence how long settlement negotiations last, but knowing the length to expect will make the process less stressful and more effective for you.
The Trial Phase
Most injury cases are resolved outside of court through settlement negotiations. However, if there is no resolution your lawyer might decide to bring the case to trial. This is an expensive, time-consuming and stressful process. The jury also has to decide if the defendant should be responsible for your injuries, and the amount you are entitled to. Your lawyer should investigate your case to determine the circumstances of your injury, the extent of injuries, damages, and the costs.
Your lawyer will now call witnesses as well as experts and present physical evidence, such as photos, documents, and medical reports. This is the "case-in-chief" phase. The defense attorney will call witnesses to testify in rebuttal and argue for the reasons why the plaintiff should not be awarded damages. The jury or judge will then consider the evidence and arguments made by both sides.
The judge will explain to the jury the legal requirements that must be followed in order to make a decision in favor of plaintiff or against defendant. This is known as jury instruction. Each side then gives its closing arguments. If the jury cannot agree on a verdict the judge will declare that the trial a mistrial. If you're not satisfied with the result of your trial, there could be a right to appeal.