Injury Litigation
Injuries litigation is the legal process that allows you to collect compensation for your injuries and losses. Your injury lawyer will use strong evidence to prove your case, including eyewitness testimony, medical records, defendant's statements, and expert witness opinions.
Your lawyer will then begin to file your lawsuit. Once the defendant has responded to your lawsuit, the case goes into the phase of fact-finding known as discovery.
The Complaint
Before a lawsuit is filed the person who suffered the injury (plaintiff) must conduct a an investigation prior to the filing of a lawsuit. injury attorney fremont involves studying police accident reports, making informal discovery and identifying possible defendants.
The plaintiff then has the option of filing a summons with a complaint. The complaint outlines the harm caused by the defendant's action or his actions. It usually includes a request for damages for the victim's injuries, including medical bills loss of wages or income, as well as pain and other damages.
The defendant is then given 30 days to file a reply, known as an answer in which they acknowledge or deny the allegations contained in the complaint. They can also add an additional defendant from a third party or make counterclaims.
During the discovery phase, both sides will exchange pertinent information regarding their positions and the evidence they have in the case. This usually involves depositions, written questions (called interrogatories) and requests for documents. This phase typically accounts for the majority of the timeframe for a lawsuit. In this phase, if there are settlement opportunities that are discussed, they will be discussed. In the event that there is no settlement, the case will progress to trial. During this time the attorney will present your side of the story to a jury or judge and the defendant will defend themselves.
The Discovery Phase
The discovery phase is a formal procedure that allows your legal team and the party at fault to exchange information and collect evidence. This may 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 aid you in discovery, such as interrogatories and requests for documents. Interrogatories are written inquiries that require a written response while requests for documents involves requesting all relevant documents under the control of each party. Requests for admission require the other side to admit certain facts. This could save time and money since lawyers do not have to prove these undisputed facts at trial. Depositions are live interviews with witnesses. Your attorney can ask them questions about the incident under an oath. Their answers will be recorded and transcribing.
Discovery can be an uncomfortable, lengthy and invasive process, but it is necessary to gather the evidence required to win your injury claim. During your free consultation your attorney will be able to explain the specifics of the discovery process. For instance, if you try to hide a prior condition that your injury worsened it could be discovered during the discovery process and dismissed from your case.
The Negotiation Phase
Reaching a negotiated settlement is the goal of most injury cases. This usually involves an exchange of information back and forth between your lawyer and the responsible party's insurer. 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 decide on a number to demand for your settlement and assist in negotiations.
One of the difficulties of settlement of an injury claim is that the amount you are owed which includes medical bills, lost income, and future losses - is a dynamic factor. Your injuries can get worse over time. This could result in a rise in future losses or reduce the value of your current losses. Your lawyer will ensure that damages are determined based on the severity of your injuries and your prognosis for future recovery.
Insurance companies usually try to limit their payout by arguing against certain aspects of your claim. This can lead to delay in settlement negotiations. However your lawyer can provide strategies to help you overcome these obstacles to get the best outcome for your case. Negotiating a settlement can take months or even years. Many factors affect how long settlement negotiations 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 negotiations outside of the courtroom, your attorney might decide to take your case to trial if a satisfactory resolution is not reached. This is a stressful long, expensive and costly procedure. The jury also has to decide whether the defendant is responsible for your injuries and what compensation you are entitled to. Your lawyer should investigate your case to determine the circumstances of your injury, the extent of damages, injuries and costs.
At this moment, your lawyer will call witnesses and experts to testify and provide evidence in the form of photographs, documents and medical reports. This is known as the case-in chief phase. The defense attorney will then summon witnesses to testify and argue why the plaintiff should not be awarded damages. The jury or judge will then review the evidence and arguments made 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. Following that, each side will present their closing arguments. If the jury is unable reach a consensus on a verdict, the judge will declare a mistrial. In some rare instances an appeal could be available if you're not satisfied with the outcome of your trial.