4 Dirty Little Secrets About Injury Litigation Industry Injury Litigation Industry
Injury Litigation
The process of suing for injury is a legal procedure through which you can seek compensation for your losses and losses. Your injury lawyer will develop strong evidence in your case that includes eyewitness testimony, medical documents in the form of defendant statements, expert witness opinions.
Your lawyer will begin the process of filing your lawsuit. When the defendant has responded to the lawsuit, the case moves to a fact-finding stage called discovery.
The Complaint
Before a lawsuit can be filed, the injured party (plaintiff) must conduct pre-lawsuit discovery. This involves reviewing police accident reports, conducting informal discovery, and identifying potentially liable parties and causes of action that can be filed against them.
Once the plaintiff has done this, they can file a summons and complaint. The complaint identifies the person who is being sued, and details the harm caused by the defendant's conduct or inaction. The typical complaint will include a demand for compensation for the victim's medical bills loss of income, suffering and pain, and other damages that result from their injury.
The defendant will then have 30 days to file a response, known as an answer or answer, in which they accept or deny the allegations contained in the complaint. They can also file counterclaims 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 typically includes depositions, written questions (called interrogatories), and requests for documents. This typically comprises the majority of the lawsuit timeline. If there are settlement possibilities that are available, they will be negotiated during this time. Otherwise injury attorney pembroke pines will proceed to trial. In this time your lawyer will present your side 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 at-fault party to exchange information and gather evidence. This may include witness statements, specifics about your medical treatment and evidence of the losses you've suffered. Your lawyer may also employ various tools during discovery to assist your case, such as interrogatories, requests for documents and depositions. Requests for documentation are requests to supply all relevant documentation which is within each party's control. Interrogatories require written responses. Requests for admission ask the other side to admit certain facts, which can save time and money as lawyers do not have to prove these uncontested facts during trial. Depositions are live interviews of witnesses where your attorney is able to question them about the incident under oath, and get their answers recorded and translated by a court reporter.
While it might seem like a lengthy painful, invasive and uncomfortable process but it's a crucial step to gather the evidence needed for winning your injury case. During your free consultation your attorney can discuss the details of the discovery process. For example, if you try to hide a prior health issue that caused your injury to get worse 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 lawsuits involving injuries. The process of achieving this goal typically involves a back-and-forth exchange 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 assist in deciding the amount of settlement that you want to negotiate and help in negotiations.
One of the challenges of settling an injury claim is that the amount of your damages which includes medical bills or lost income as well as future losses - is an evolving factor. Your injuries can get worse over time, which can increase the amount of your future losses and reduce the value of your current losses. Your lawyer will ensure that damages are determined based on your current injuries and the prognosis of the future recovery.
Insurance companies usually attempt to limit their payout by disputing certain elements of your claim. This could delay settlement negotiations however, your lawyer can provide strategies to help you overcome these obstacles and get the most favorable outcome for your case. In some cases the process of negotiating an agreement can take months or even years. Negotiations can take months or even a whole year based on various factors.
The Trial Phase
Most cases of injury are resolved without court through settlement negotiations. If there is no resolution the lawyer could decide to take the case to trial. This can be a stressful long, expensive and costly process. The jury will also have to decide if you should be compensated for your injuries and in the event that they do, how much. It is crucial for your lawyer to conduct thorough research on your case at this point to fully comprehend the nature of your injuries, the extent of your injuries, damages and expenses.
At this stage, your attorney will call witnesses and experts to testify and present evidence of physical nature, such as documents, photographs and medical reports. This is the "case-in-chief" phase. The defense attorney will summon witnesses to testify in rebuttal and argue for the reasons why the plaintiff should not be awarded damages. The jury or judge will then review the evidence and arguments offered by both sides.
The judge will then explain the legal requirements that must be met in order for the jury to decide in favor of the plaintiff and against the defendant. This is known as jury instruction. Then, each side presents their closing arguments. If the jury cannot reach a consensus on a verdict, the judge will declare a mistrial. If you are not happy with the results of your trial, there might be a right to appeal.