Injury Litigation
Injury litigation is the legal process which allows you to claim compensation for your injuries and losses. Your injury lawyer will develop strong evidence in your case including eyewitness testimony, medical records, defendant statements and expert witness opinions.
Your lawyer will then begin to file your lawsuit. When the defendant has responded, the case enters a fact-finding stage called discovery.
The Complaint
Before filing a lawsuit the person who has been injured (plaintiff) must conduct a pre-lawsuit investigations. This includes studying the police accident reports, conducting informal discovery and identifying possible responsible parties.
The plaintiff then has the option of filing an order with a complaint. The complaint details the damages caused by the defendant's actions or his inaction. The typical complaint will include a demand for compensation for the victim's injuries, including medical bills, lost wages or income, as well as pain and other damages.
The defendant is then given 30 days to file a reply called an answer or answer, in which they accept or deny the allegations in the complaint. They can also file counterclaims or add a third-party defendant the suit.
During the discovery phase where both sides exchange pertinent information regarding their positions and the evidence in the case. This usually involves depositions, written questions (called interrogatories), and requests for documents. This process usually occupies the majority of the timeframe for a lawsuit. If there are settlement opportunities that are available, they will be negotiated during this time. Otherwise the case will go to trial. In injury lawsuit bridgeport , your attorney will tell your side of the story 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 share information with the other party and gather evidence. This may include witness testimony as well as details of your medical treatment, as well as evidence of losses you've suffered. Your lawyer can also make use of several different tools during discovery to assist your case, such as interrogatories, requests for documents and depositions. Requests for documents are the requests to supply all relevant documentation that is within the respective parties' control. Interrogatories require written responses. Requests for admission require the other side to admit certain facts, which can save time and money since lawyers do not have to prove the facts uncontested at trial. Depositions are live interviews of witnesses where your attorney can ask them questions about the incident under oath, and get their answers recorded and transcribed by a court reporter.
Although it may seem like a long, intrusive and uncomfortable process but it's a crucial step to gather the evidence needed to win your case. During your free consultation your attorney will be able to explain the details of the discovery process. If you try to hide a preexisting injury that worsened due to a preexisting medical condition This information could be found out during discovery and your case could be thrown out.
The Negotiation Phase
The majority of cases involving injuries aim to settle the case through negotiation. The process typically involves a back and with your lawyer and that of the insurer of the party who is responsible. 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 the amount of settlements you wish to demand and then help in negotiations.
The amount of damage, which includes medical bills, lost wages and future loss, is a factor that is dynamic. Your injuries could get worse over time, which can increase the amount of your future losses and reduce the value of your current losses. Your lawyer will ensure that your damages are based on the current state of your injuries, and provide an accurate prognosis for your future recovery.
Insurance companies typically try to limit their payout by disputing certain elements of your claim. This can cause delays in settlement negotiations however, your lawyer can provide strategies to help you navigate these issues and get the best possible outcome for your case. Negotiating a settlement can take months or years. Numerous factors influence the length of time settlement negotiations be, but knowing what to expect will make the process less stressful and more effective for you.
The Trial Phase
While the majority of cases involving injuries are resolved through settlement negotiations outside of court, your attorney may choose to take your case to trial if an acceptable solution is not reached. This can be a stressful, expensive and time-consuming procedure. The jury also has to decide if the defendant should be held liable for your injuries, and how much money you will receive. It is therefore crucial for your lawyer to conduct a thorough investigation of your case prior to the trial to fully understand how you were injured and the severity of your injuries, the damages and costs.
Your attorney will now call witnesses and experts, and will present physical evidence, like photographs documents, medical reports. This is the "case-in-chief" phase. The defense attorney will summon witnesses to testify in rebuttal and argue that the plaintiff shouldn't be awarded damages. The jury or judge will then take into consideration the evidence and arguments presented by both parties.
The judge will then explain the legal standards to be met in order for the jury to find for the plaintiff and against the defendant. This is referred to as jury instruction. Afterwards, each side makes their closing arguments. If the jury cannot agree on a decision, the judge will declare that the trial is an unconstitutional trial. If you are not happy with the outcome of the trial, there could be a right to appeal.