10 Things You Learned In Preschool, That'll Aid You In Injury Litigation
Injury Litigation
Injuries litigation is a legal process that allows you to get compensation for your injuries and losses. Your lawyer will create strong evidence for your case by utilizing eyewitness testimony, medical records testimony of the defendant, expert witness opinions.
Your lawyer will bring your lawsuit. If the defendant does not respond and the case is moved to a fact-finding stage called discovery.
The Complaint
Before filing a lawsuit the person who was injured (plaintiff) must conduct a pre-lawsuit investigation. This includes studying police accident reports, making informal discovery and identifying potential at-fault parties.
Once the plaintiff has done this, they are able to submit a summons and a complaint. The complaint describes the harm caused by the defendant or his actions. It usually includes a request for compensation for the victim's injuries, including medical bills, lost wages, pain and suffering and other damages.
The defendant has 30 days to respond, which is also referred to as an answer. In this response, the defendant may acknowledge or deny the allegations made in the complaint. They can also include a third party defendant or make counterclaims.
During the discovery phase where both sides exchange pertinent information regarding their positions and evidence in the case. This typically includes depositions, written questions (called interrogatories), and requests for documents. This typically comprises the majority of the lawsuit timeline. If settlement opportunities are available, they will take place during this time. In the event that there is no settlement the case will go to trial. During injury case simi valley will present your side before a judge or jury and the defendant will defend themselves.
The Discovery Phase
Discovery is a formal process that allows you and your legal team to share information with the other party and collect evidence. This can include witness testimony as well as details of the treatment you received from your doctor, and evidence of losses you've suffered. Your lawyer can also make use of various tools during discovery to aid your case, such as interrogatories, requests for documents and depositions. Interrogatories are written inquiries that require a written answer, while request for documents involves requesting all relevant documents under the control of the parties. Requests for admission are written requests to the other party asking them to admit certain facts. This can cut down on time and cost as the attorneys don't have to prove their case during trial. Depositions are live conversations with witnesses where your attorney is able to ask them questions about the incident under oath and get their answers recorded and translated by a court reporter.
Discovery can be an uncomfortable, long and tedious process, but it is essential to gather the evidence you require to win your injury claim. During your free consultation with your attorney, you can discuss the specifics of the discovery process. For example, if you try to hide a prior condition that has caused your injury to worsen, this information could be discovered during the discovery process and removed from your case.
The Negotiation Phase
Most cases of injury aim to settle the case through negotiations. The process of reaching this goal is usually an exchange of information 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 assist you determine the best number to ask for your settlement and then assist in negotiations.
The amount of damages, including medical bills, lost wages, and future losses, is a factor that is dynamic. Your injuries could get worse over time. This could increase future losses or decrease the value of current losses. Your attorney will ensure that your damages are determined based on your current injuries and the prognosis of future recovery.
Most often insurance companies attempt to limit their payout for claims by arguing against some elements of your case. This can lead to an inability to settle settlement negotiations. However, your lawyer will have strategies to assist you in overcoming these obstacles to get the best outcome for your case. In some instances negotiations to reach an agreement could be a long process that can take months or even years. Many factors affect how long settlement negotiations will last, but knowing the length to expect will make the process easier and more efficient for you.
The Trial Phase
Most cases involving injuries are settled outside of court through settlement negotiations. However, if a resolution is not reached your lawyer might decide to proceed to trial. This can be a stressful long, expensive and costly procedure. The jury also has to decide whether the defendant is responsible for your injuries and what amount of compensation you will receive. Your lawyer must thoroughly investigate your case to understand the circumstances surrounding your injury, as well as the severity of damages, injuries and costs.
Your lawyer will now call witnesses and experts and present physical evidence, like photographs, documents, and medical reports. This is the "case-in-chief" phase. The defense attorney will then call witnesses to testify in rebuttal and argue why the plaintiff shouldn't be awarded damages. The jury or judge will then review the evidence and arguments made by both parties.
The judge will then outline the legal requirements which must be followed for the jury to decide in favor of the plaintiff and against the defendant. This is known as jury instruction. After that, both sides present their closing arguments. If the jury cannot reach an agreement on a final verdict, the judge will declare that the trial an unconstitutional trial. In some rare instances appeals might be available if not satisfied with the results of your trial.