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Injury Litigation Injuries litigation is the legal process that allows you to recover compensation for your injuries and losses. Your injury lawyer will use strong evidence to prove your case, which includes eyewitness testimony, medical documents in the form of statements from the defendant, as well as expert witness opinions. Your lawyer will then start the lawsuit. After the defendant has responded, the case moves into a stage of fact-finding called discovery. The Complaint Before the lawsuit is filed, an injured person (plaintiff) must conduct pre-lawsuit discovery. This includes reading the police accident reports, conducting informal discovery and identifying possible liable parties. The plaintiff then has the option of filing a summons along with a complaint. The complaint outlines the harm caused by the defendant's actions or his actions. It typically contains a request for compensation for medical expenses and lost income, as well as suffering and pain, and other damages resulting from their injury. The defendant has 30 days to respond, which is also referred to as an answer. In this response, the defendant has the option to admit or deny any claims made in the complaint. They can also include a third party defendant or make a counterclaim. During the discovery stage the parties will exchange pertinent information about their positions and the evidence. injury case sparks includes depositions (also known as interrogatories) and written questions (also known as interrogatories) as well as requests for documents. This is typically the major portion of the litigation timeline. If there are settlement opportunities these will occur during this period. The case will proceed to trial if there's no settlement. In this instance your lawyer will present your argument before a judge or a jury and the defendant will take on their defense. The Discovery Phase Discovery is a formal stage that allows you and your legal team to share information with the other party and gather evidence. This can include witness statements, specifics regarding your medical treatment, and proof of the losses you've suffered. Your attorney may also employ several different tools during discovery to aid your case, including interrogatories and requests for documents and depositions. Interrogatories are written queries that require a written answer while requests for documents requires the submission of all relevant documentation that is under the control of each party. Requests for admission are written demands to the other party asking them to accept certain facts. This could save time and money since attorneys do not have to prove the facts at trial. Depositions are live interviews with witnesses, during which your attorney can ask them questions regarding the incident under an oath. Their answers will be recorded and transcribing. While discovery may appear to be a long unpleasant, time-consuming and uncomfortable process but it is an essential step to gather the evidence needed to win 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 is preexisting and has gotten worse due to a preexisting medical condition, this information may be discovered during discovery and your case could be thrown out. The Negotiation Phase Most cases of injury aim to reach a settlement through negotiation. The process to achieve this goal typically involves 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 in deciding on the amount of settlements you wish to request and assist with negotiations. One of the issues with settlement of an injury claim is that the amount you are owed – including your medical bills, lost income, and future losses – is a constantly changing factor. The severity of your injuries could increase over time, which may increase the amount of your future losses and reduce the value of your current losses. Your attorney will ensure that your damages are determined based on the severity of your injuries and the prognosis of future recovery. Most often insurance companies try to limit their payout for claims by arguing against some elements of your case. This could result in delays in settlement negotiations. However your lawyer can provide strategies to help you overcome these obstacles and get the best possible result for your case. In certain cases negotiations to reach an agreement could take months or even years. There are many factors that affect the length of time settlement negotiations be, but knowing what to expect can make the process less stressful and more efficient for you. The Trial Phase Most cases involving injuries are settled outside of court through settlement negotiations. If the resolution isn't reached your lawyer might decide to go to trial. This is an expensive, time-consuming and stressful process. The jury will also have to 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 at this point to fully comprehend how you were injured, the extent of your injuries, the damages and costs. At this stage, your attorney will summon witnesses and experts to testify and present evidence of physical nature, such as documents, photos, and medical reports. This is the “case-in-chief” phase. The defense attorney will then call witnesses to testify in rebuttal and argue that the plaintiff shouldn't be awarded damages. The judge or jury then considers the arguments and evidence of both sides. The judge will then go over the legal requirements that must be met in order for the jury to decide for the plaintiff and against the defendant. This is referred to as jury instruction. Each side then gives its closing arguments. If the jury fails to reach a decision and the judge declares a mistrial. If you are not happy with the outcome of your trial, there may be an appeal available.