Injury Litigation
Injuries litigation is the legal procedure that allows you to recover compensation for your losses and injuries. The lawyer representing you will utilize strong evidence to prove your case, such as eyewitness testimony, medical documents in the form of statements from the defendant, as well as expert witness opinions.
Your lawyer will file your lawsuit. If the defendant does not respond and the case is moved to an inquiry stage known as discovery.
The Complaint
Before the lawsuit can be filed, an injured person (plaintiff) must conduct pre-lawsuit discovery. This includes reviewing the police accident reports, conducting informal discovery and identifying responsible parties.
The plaintiff may then file a summons along with a complaint. The complaint identifies the person who is being sued and describes the harm that was caused by the defendant's actions or inaction. It usually includes a request for compensation for the victim's medical expenses as well as lost income, suffering and other damages resulting from their injuries.
The defendant has 30 days to respond, which is also referred to as an answer. In this response, the defendant has the option to acknowledge or deny the allegations made in the complaint. They can also include a third party defendant or make an appeal.
During the discovery stage in the discovery stage, both parties exchange pertinent information about their positions and the evidence. This involves depositions (also known as interrogatories), written questions (also called interrogatories) and requests for documents. This phase usually takes up most of the time for the lawsuit. If there are settlement opportunities they will be made during this period. The case will then go to trial if there's no settlement. During this time the attorney will present your side of the tale to a jury or judge and the defendant will defend themselves.
The Discovery Phase
Discovery is a formal process that permits you and your legal team to exchange information with the other party and gather evidence. This may include witness testimony or details of the treatment you received from your doctor, and evidence of the losses you've suffered. Your lawyer may also employ several different tools during discovery to aid your case, such as interrogatories and requests for documents and depositions. Interrogatories are written questions that require a written response, while request for documents requires the submission of all relevant documentation under the control of each party. Requests for admission ask the other side to admit certain facts. injury case brockton can save time and money since the attorneys do not have to prove these undisputed facts during trial. Depositions are live, in-person interviews with witnesses, during which your attorney can ask them questions about the incident while under an oath. Their responses will be recorded and transcribed.
While discovery may appear to be a long unpleasant, time-consuming and uncomfortable process, it is a necessary step to gather the evidence you need to win your injury claim. Your lawyer will be willing to go over the specifics of the discovery process in your free consultation. For instance, if try to hide a preexisting health issue that caused your injury to get worse, this information could be discovered in the process of discovery and dismissed from your case.
The Negotiation Phase
A settlement that is negotiated is the aim of the majority of lawsuits involving injuries. The process for achieving this goal typically 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 assist you in deciding on the number of settlements you would like to request and assist with negotiations.
The amount of damage, which includes medical bills, lost wages, and future losses, is an aspect that changes. The severity of your injuries could increase over time, which can increase your future losses, and reduce the amount of your current losses. Your lawyer will ensure that your damages are determined based on the severity of your injuries as well as the probability of future recovery.
A lot of times insurance companies attempt to limit the amount they pay for claims by challenging certain elements of your case. This can result in a delay in settlement negotiations. However, your lawyer will have strategies that will help you overcome these hurdles and obtain the best possible outcome for your case. In some cases negotiations to reach an agreement can be a long process that can take months or even years. Negotiations can take several months or even years, depending on many factors.
The Trial Phase
While the majority of cases involving injuries are resolved through settlement talks outside of court, your lawyer may decide to take your case to trial if a satisfactory resolution cannot be reached. It is a stressful, expensive and time-consuming procedure. The jury also has to decide whether the defendant is accountable for your injuries and the amount you should be awarded. It is therefore important for your lawyer to thoroughly research your case at this stage to fully understand how you were injured and the extent of your injuries, damages and costs.
At this moment, your lawyer will summon 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 call witnesses to testify in rebuttal and argue as to why the plaintiff shouldn't be awarded damages. The judge or jury will then review the evidence and arguments presented by both parties.
The judge will then discuss the legal requirements that must be met for the jury to come up with a verdict for 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 on a verdict and the judge decides to declare a mistrial. In rare instances appeals may be available in the event that you are not satisfied with the result of your trial.