Injury Litigation
Injury litigation is the legal process that allows you to recover compensation for your injuries and losses. Your injury attorney will build solid evidence for your case that includes eyewitness testimony, medical documents testimony of the defendant, expert witness opinions.
Your lawyer will start the lawsuit. Once the defendant has responded to the suit, it moves to an investigation of facts, also known as discovery.
The Complaint
Before a lawsuit is filed the person who was injured (plaintiff) must conduct a an investigation prior to filing a lawsuit. This involves reading the police accident reports, conducting informal discovery and identifying possible at-fault parties.
The plaintiff can then file an accusation and summons. The complaint details the damages caused by the defendant's action or his actions. It typically contains a request for compensation for the victim's medical bills and lost income, as well as suffering and pain, and other damages resulting from their injury.
The defendant has 30 days to respond, also known as an answer. In this response, the defendant has the option to accept or deny the allegations made in the complaint. They may also add an additional defendant from a third party or make a counterclaim.
During the discovery phase during the discovery phase, both sides will share pertinent information regarding their positions and the evidence they have in the case. This phase includes depositions (also called interrogatories), written questions (also called interrogatories) and requests for documents. This process usually occupies most of the time for a lawsuit. If there are settlement possibilities, they will take place during this period. The case will proceed to trial if there's no settlement. In this time your lawyer will present your story before a judge or jury and the defendant will defend themselves.
The Discovery Phase
The discovery phase is a formal procedure that allows your legal team and the party at fault to exchange information and collect evidence. This may include witness statements, information about your medical treatment and proof of the losses you've incurred. Your lawyer can also make use of various tools in discovery to help your case, such as interrogatories and requests for documents and depositions. Requests for documentation are requests to provide all relevant evidence which is within each party's control. Interrogatories require written responses. Requests for admissions require the other party to accept certain facts. This can help save time and money because the attorneys do not have to prove these uncontested facts in court. Depositions are live conversations with witnesses where your attorney can question them about the incident under oath. They will have their answers recorded and translated by a court reporter.
Although it may appear to be a long unpleasant, time-consuming and uncomfortable process but it is an essential step to gather the evidence needed for winning your injury case. Your lawyer will be in a position to discuss the details of the discovery process with you during your complimentary consultation. If you try to hide an injury that was already present and aggravated due to a preexisting medical condition The information could be found out during discovery and your case could be dismissed.
The Negotiation Phase
Most injury cases aim to settle through negotiations. The process of achieving this goal is usually an exchange of information 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 you in determining the amount of settlements you would like to request and assist in negotiations.
The amount of damages, such as medical bills, lost wages, and future losses, is an aspect that is always changing. Your injuries could worsen over time. This could result in a rise in future losses or decrease the value of your current losses. Your attorney will work to ensure that your damages are based on the current state of your injuries as well as a full prognosis for future recovery.
Insurance companies frequently attempt to limit their payout by disputing certain elements of your claim. This could result in delay in settlement negotiations. However, your lawyer will have strategies to help you overcome these obstacles to get the best possible result for your case. In certain cases the process of negotiating an agreement could be lengthy, sometimes even for years. There are many factors that affect the length of time that settlement negotiations last, but knowing the length to expect can make the process easier and more efficient for you.
The Trial Phase
Most injury cases are resolved outside of court through settlement negotiations. However, if an agreement is not reached your lawyer could decide to go to trial. This can be a costly lengthy, time-consuming and stressful procedure. injury settlement pennsylvania must also decide if you are compensated for your injuries and if so, how much. Your lawyer should thoroughly investigate your case to discover the circumstances surrounding your injuries, the severity of injuries, damages, and costs.
At this moment, your lawyer will call witnesses as well as experts to testify and provide evidence physical such as photographs, documents and medical reports. This is the "case-in-chief" phase. The defense attorney will call witnesses to testify and argue as to why the plaintiff should not be awarded damages. The judge or jury then considers the evidence and arguments of both parties.
The judge will then outline the legal requirements that must be met in order for the jury to decide for the plaintiff and against the defendant. This is called jury instruction. Afterwards, each side makes their closing arguments. If the jury is unable reach a consensus on a verdict, the judge will declare a mistrial. In some rare instances appeals may be available if not satisfied with the results of your trial.