Injury Litigation
The legal procedure that allows you to seek compensation for your losses and injuries. Your lawyer will use strong evidence to support your case, including eyewitness testimonies, medical documentation as well as the statements of the defendant and expert witness opinions.
Your lawyer will then file your lawsuit. After the defendant has responded to the suit, it moves to a stage of fact-finding called discovery.
The Complaint
Before a lawsuit is filed the person who suffered the injury (plaintiff), must conduct an investigation prior to filing a lawsuit. This includes reviewing accident reports, conducting informal discovery, and identifying parties that could be liable and available causes of action that can be argued against them.
The plaintiff is then able to file a summons along with a complaint. The complaint details the damages caused by the defendant's actions or his inaction. It typically includes a demand to seek damages for the victim's injuries including medical bills loss of wages as well as pain and suffering, among other damages.
The defendant then has 30 days to file a response called an answer in which they acknowledge or deny the allegations made in the complaint. They can also add an additional defendant from a third party or file an appeal.
During the discovery stage in the discovery stage, both parties exchange relevant information regarding their positions and the evidence. This phase includes depositions (also called interrogatories) as well as written questions (also known as interrogatories) and requests for documents. This typically comprises the major portion of the litigation timeline. If there are any settlement opportunities, these will be discussed. The case will then proceed to trial if there's no settlement. During this period, your attorney will present your argument to a jury or judge and the defendant will put on their defense.
The Discovery Phase
The discovery phase is a formal process that allows your legal team and the party at fault to exchange information and gather evidence. This can include witness statements, information about your medical treatment and evidence of the losses that you have suffered. Your attorney can use several tools to aid you in discovery, including interrogatories and requests for documents. Requests for documents are essentially requests to provide all relevant documents which is within each party's control. injury law firm long beach require written responses. Requests for admission ask the other party to acknowledge certain facts, which can save time and money since lawyers do not have to prove the facts uncontested in court. Depositions are live, in-person interviews with witnesses. During these interviews, your attorney can ask them questions about the incident while under an oath. Their responses will be recorded and then transcribed.
While it might seem like a lengthy painful, invasive and uncomfortable process but it's a crucial step to gather the evidence required to win your injury case. Your attorney will be capable of discussing the details of the discovery process with you during your complimentary consultation. If you try to hide an injury that is preexisting and has gotten worse due to a medical condition that was already present, this information may be found out during discovery and your case could be thrown out.
The Negotiation Phase
A settlement that is negotiated is the main goal of many injuries. The process for achieving this goal usually 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 help decide on a number to demand for your settlement, and then assist in negotiations.
One of the difficulties of settlement of an injury claim is that the amount you are owed which includes medical bills as well as lost income and future losses - can be a volatile aspect. Your injuries can get worse as time passes, which could increase the amount of your future losses and reduce the amount of your current losses. Your lawyer will ensure that your damages are determined by the current state of your injuries as well as an accurate prognosis for your future recovery.
Often insurance companies are trying to limit the amount they pay for claims by arguing against specific aspects of your case. This can result in an inability to settle settlement negotiations. However, your lawyer will have strategies that will assist you in overcoming these obstacles and get the best possible result for your case. In some cases, the process of negotiating an agreement could be lengthy, sometimes even for years. Negotiations can take months or even years depending on many factors.
The Trial Phase
The majority of injury cases are settled outside of court through settlement negotiations. However, if the resolution isn't reached the lawyer could decide to proceed to trial. It is a stressful long, expensive and costly process. The jury will also have to decide if you should be compensated for your injuries, and should they, if so, in what amount. Therefore, it is essential for your lawyer to conduct a thorough investigation of your case prior to the trial to fully understand how you were injured, the extent of your injuries, the damages and expenses.
At this stage, your attorney will call witnesses and experts to testify, and present physical evidence such as documents, photos, and medical reports. This is the "case-in-chief" phase. The defense attorney will summon witnesses to testify on behalf of a defense and argue that the plaintiff should not be entitled to damages. The jury or judge weighs the arguments and evidence of both parties.
The judge will then explain the legal standards that must be met 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 fails to reach a consensus then the judge declares a mistrial. In some rare instances appeals may be available if you're not satisfied with the outcome of your trial.