Injury Litigation
Injury litigation is a legal procedure through which you can claim compensation for your injuries and losses. Your injury lawyer will develop solid evidence for your case including eyewitness testimony, medical records as well as statements of the defendant and expert witness opinions.
Your lawyer will then begin to file your lawsuit. Once the defendant has responded to the lawsuit, the case will move into the stage of fact-finding, which is known as discovery.
The Complaint
Before a lawsuit is filed, the injured person (plaintiff), must conduct an investigation prior to the filing of a lawsuit. This includes reviewing accident reports as well as conducting informal discovery and identifying potential liable parties and causes of action that can be argued against them.
Once the plaintiff has done this, they are able to make a complaint and summons. The complaint is a formal declaration of the party who is being sued and exposes the harm caused by the defendant's conduct or inaction. It typically includes a request for compensation for medical expenses as well as lost income, suffering and pain, as well as other damages that result from their injuries.
The defendant has 30 days to respond, also known as an answer. In this response, the defendant is able to accept or deny the allegations made in the complaint. They may also make a counterclaim or add a third party defendant to the suit.
During the discovery stage during the discovery phase, both parties will share pertinent information about their positions and the evidence. This phase includes depositions (also called interrogatories) and written questions (also known as interrogatories) and requests for documents. This usually accounts for the most of the timeline for lawsuits. If settlement opportunities are available, they will take place during this time. The case will then proceed to trial if there is no settlement. During this period, your attorney will present your case to a judge or jury and the defendant will take on their defense.
The Discovery Phase
The discovery phase is a formal process that permits your legal team and the party at fault to exchange information and collect evidence. This could include witness statements, information about your medical treatment as well as proof of the damages you've suffered. Your attorney will have access to a variety of tools to aid you in discovery, including interrogatories and requests for documents. Interrogatories are written queries which require a response in writing as well as requests for documents requires the submission of all relevant documentation that is under the control of each party. Requests for admission are written requests to the other side asking them to accept certain facts. This can cut down on time and money since attorneys do not need to prove the facts during trial. Depositions are live interviews with witnesses. During these interviews, your attorney can ask them questions regarding the incident while under oath. Their answers will be recorded and transcribed.
Discovery may seem like an uncomfortable, long and intrusive process, but it is necessary to gather the evidence needed to win your injury claim. Your attorney will be capable of discussing the details of the discovery process with you during your free 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 could be found out during discovery and your case could be dismissed.
The Negotiation Phase
The majority of injury cases seek to settle a case through negotiations. This usually involves an exchange of back-and forth between your lawyer and that of the insurer of the responsible party. 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 choose the appropriate 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 always changing. Your injuries may worsen as time passes, which could increase your future losses and decrease the amount of your current losses. Your lawyer will ensure that damages are determined based on the severity of your injuries as well as the probability of the future recovery.
Often injury law firm meridian are trying to limit the amount they pay for claims by arguing against some aspects of your case. This could lead to an inability to settle settlement negotiations. However, your lawyer will have strategies that will help you overcome these obstacles to get the best outcome for your case. Negotiating an agreement can sometimes take a long time or even years. Numerous factors influence how long settlement negotiations last, but understanding what to expect will make the process less stressful and more effective for you.
The Trial Phase
Although the majority of injury cases are resolved by settlement negotiations outside of court, your lawyer may decide to take your case to trial if a satisfactory solution is not reached. This can be a difficult lengthy, costly and expensive procedure. The jury also has to decide whether the defendant should be held accountable for your injuries, and what compensation you should receive. It is therefore crucial for your lawyer to thoroughly research your case prior to the trial to fully understand the nature of your injuries, the extent of your injuries, damages and costs.
At this point, your lawyer will call witnesses as well as experts to testify and present physical evidence such as documents, photographs and medical reports. This is the "case-in-chief" phase. The defense attorney will then call witnesses to testify in rebuttal and argue for the reasons why the plaintiff should not be awarded damages. The judge or jury decides on the arguments and evidence of both parties.
The judge will explain to the jury the legal standards which must be met in order for them to decide in the favor of plaintiff or against defendant. This is called jury instruction. Each side will then present its closing arguments. If the jury is not able to agree on a final verdict, the judge will declare that the trial is a mistrial. If you're not satisfied with the result of your trial, there may be an appeal available.