Injury Litigation
Injuries litigation is the legal process that allows you to seek compensation for your losses and injuries. Your lawyer will use strong evidence to prove your case, including eyewitness testimony, medical records in the form of statements from the defendant, as well as expert witness opinions.
Your lawyer will start the lawsuit. After the defendant has responded, the case moves into an investigation of facts, also known as discovery.
The Complaint
Before filing a lawsuit the person who suffered the injury (plaintiff), must conduct pre-lawsuit investigations. This includes studying police accident reports, making informal discovery and identifying defendants.
The plaintiff then has the option of filing an accusation and summons. The complaint identifies the person that is being sued and describes the harm that was caused by the defendant's actions or inaction. It typically includes a request for compensation for medical expenses loss of income, suffering and other damages arising from their injury.
The defendant has 30 days to respond, also known as an answer. In this response, the defendant has the option to accept or deny the allegations made in the complaint. They may also file counterclaims or add a third party defendant to the suit.
During the discovery stage during the discovery phase, both parties will share relevant information regarding their positions and evidence. This typically includes depositions, written questions (called interrogatories) and requests for documents. This phase usually takes up the majority of the timeframe for an action. In this stage, if there are settlement opportunities that are discussed, they will be discussed. If not the case will proceed to trial. In this instance, your attorney will provide your side of the story before a jury or judge and the defendant will put on their defense.
The Discovery Phase
Discovery is a formal phase that allows you and your legal team to share information with the other party and gather evidence. injury law firm aurora may include witness statements, information about your medical treatment as well as proof of the damages that you have suffered. Your lawyer can also make use of different tools during discovery to aid your case, such as interrogatories, documents requests and depositions. Interrogatories are questions which require a response in writing while requests for documents requires the submission of all relevant documentation that is under the control of the parties. Requests for admission are written requests to the other party requesting them to admit certain facts. This could save time and money since the attorneys do not have to prove the facts at trial. Depositions are live recordings of witnesses, where the attorney can ask them questions 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, lengthy and tedious process, but it is essential to collect the evidence needed to prove your injury claim. During your free consultation your attorney will be able to explain the specifics of the discovery process. If you attempt to conceal an injury that has already been aggravated due to a preexisting medical condition, this information may be found out during discovery and your case could be dismissed.
The Negotiation Phase
Reaching a negotiated settlement is the goal of most injury cases. The process of achieving this goal usually involves a back-and-forth exchange between your lawyer and the 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 in deciding on the number of settlements you would like to demand and then help in negotiations.
One of the biggest challenges in the process of settling a claim for injury is that the amount of your damages (including medical bills loss of income, future losses - is a constantly changing aspect. Your injuries may get worse over time. This could lead to a rise in future losses or decrease the value of current losses. Your lawyer will ensure that your damages are dependent on the current condition of your injuries, and provide an accurate prediction of your future recovery.
A lot of times insurance companies are trying to limit their payouts for claims by challenging certain aspects of your case. This can prolong settlement negotiations, but your lawyer has strategies to help you get through these difficulties and achieve the best possible outcome for your case. In certain cases, the process of negotiating an agreement could be lengthy, sometimes even for years. Many factors affect the length of time that settlement negotiations last, but knowing the length to expect can make the process less stressful and more efficient for you.
The Trial Phase
Most cases involving injuries are resolved without court through settlement negotiations. If a resolution is not reached your lawyer could decide to proceed to trial. It is a costly lengthy and time-consuming procedure that can be stressful. The jury must also decide if you should be compensated for your injuries, and If so, what amount. Therefore, it is essential for your lawyer to conduct a thorough investigation of your case prior to the trial to fully understand the extent of your injuries, the extent of your injuries, the damages and expenses.
Your attorney will now call witnesses and experts, and will present physical evidence, such as photographs, documents, and medical reports. This is the "case-in-chief" phase. The defense attorney will then summon witnesses to testify and argue that the plaintiff shouldn't be awarded damages. The judge or jury will then look at the evidence and arguments presented by both parties.
The judge will then discuss the legal standards that must be met in order for the jury to find in favor of the plaintiff and against the defendant. This is known as jury instruction. Afterwards, each side makes their closing arguments. If the jury cannot reach a decision then the judge declares a mistrial. If you're not satisfied with the results of your trial, there may be an appeal option.