injury lawsuit Litigation

The legal procedure that allows you to collect compensation for your losses and injuries. Your injury lawyer will develop strong evidence in your case including eyewitness testimony in the form of defendant statements, expert witness opinions.

Your lawyer will then begin to file your lawsuit. After the defendant responds then the case goes to a fact-finding stage called discovery.

The Complaint

Before a lawsuit is filed, the injured person (plaintiff), must conduct pre-lawsuit investigation. This includes reviewing accident reports as well as conducting informal discovery and identifying parties that could be liable and causes of action that may be brought against them.

The plaintiff then has the option of filing an order with a complaint. The complaint identifies the person who is being sued. It also describes the harm caused by the defendant's actions or inaction. It typically includes a request for compensation for the victim's medical bills as well as lost income, suffering and injury lawyer other damages resulting from their injuries.

The defendant then has 30 days to file a response, known as an answer, in which they admit or deny the allegations contained in the complaint. They may also add third party defendants or make an appeal.

During the discovery phase the parties will exchange pertinent information about their positions and the evidence. This phase includes depositions (also called interrogatories), written questions (also known as interrogatories) and requests for documents. This process usually occupies the majority of the timeframe for a lawsuit. If there are any settlement options they will be discussed. The case will go to trial if there is no settlement. During this period the attorney will provide your argument to a jury or judge and the defendant will put on their defense.

The Discovery Phase

The discovery phase is a formal procedure 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 evidence of losses you've suffered. Your lawyer may also employ various tools during discovery to assist your case, including interrogatories, requests for documents and depositions. Requests for documentation are requests to supply all relevant documentation that is under each party's control. Interrogatories require written responses. Requests for admission are written letters to the other side asking for their admission to certain facts. This could save time and money since the attorneys don't need to prove their claims in court. Depositions are live interviews of witnesses, where the attorney can inquire about the incident under oath. They will get their answers recorded, and then transcribed by a court reporter.

Discovery may appear to be an uncomfortable, long and invasive process, but it's necessary to collect the evidence needed to be successful in your claim for compensation. During your consultation for free your attorney will be able to explain the details of the discovery process. For instance, if try to hide a preexisting 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

The negotiation of a settlement is the aim of the majority of evans injury law firm cases. The process to achieve this goal is usually an exchange of information between your lawyer and the responsible party's insurance company. This may include informal conversations/correspondence (by phone, in meetings, by email) where the parties trade offers and counter-offers. Your lawyer can help you determine the best number to demand your settlement, and then assist in negotiations.

The amount of damages, such as medical bills, lost wages, and future loss, is a factor that is constantly changing. Your injuries can get worse over time. This could lead to a rise in future losses or reduce the value of your current losses. Your lawyer will ensure that damages are calculated based on your current injuries and the likelihood of future recovery.

Insurance companies frequently attempt to limit the amount they pay by arguing against certain aspects of your claim. This could result in a delay in settlement negotiations. However your lawyer will have strategies that will help you overcome these obstacles to get the best outcome for your case. In some cases negotiations to reach an agreement could take months or even years. Many factors affect how long settlement negotiations will take, but knowing what to expect can make the process less stressful and more efficient for you.

The Trial Phase

While the majority of cases involving injuries are resolved through settlement talks outside of the courtroom, your attorney could choose to take your case to trial if a fair solution is not reached. This can be a stressful, expensive and time-consuming process. The jury must also decide if you are paid for your injuries and If so, what amount. Your lawyer should investigate your case to discover the circumstances of your injuries, the amount of the injuries, damages and costs.

At this stage, your attorney will call witnesses and experts to testify. They will also present physical evidence such as documents, photographs, and medical reports. This is known as the case-in chief phase. The defense attorney will call witnesses to testify and argue why the plaintiff should not be awarded damages. The jury or judge decides on the arguments and evidence of both parties.

The judge will explain to the jury the legal requirements that must be met in order for them to make a decision in favor of plaintiffs or against defendants. This is referred to as jury instruction. Then, each side presents their closing arguments. If the jury is unable to reach a consensus and the judge decides to declare a mistrial. In some cases an appeal could be available if you are not satisfied with the result of your trial.