• 목록
• 글쓰기
• 게시판 리스트 옵션
  • 수정
  • 삭제

Injury Litigation

Injuries litigation is the legal process that allows you to collect compensation for your injuries and losses. Your injury lawyer will develop strong evidence in your case by utilizing eyewitness testimony, medical documentation, defendant statements and expert witness opinions.

Your lawyer will start the lawsuit. After the defendant responds and the case is moved to the discovery phase, which is a process of finding facts.

The Complaint

Before a lawsuit can be filed, an injured party (plaintiff) must conduct pre-lawsuit discovery. This involves looking over police accident reports, making informal discovery, and identifying potential defendants.

Once the plaintiff has done this, they are able to start a summons as well as a complaint. The complaint is a formal declaration of the party who is being sued. It also describes the harm caused by the defendant's actions or lack thereof. It typically contains a request to seek damages to compensate the victim for their injuries, including medical bills and lost wages or income, as well as pain and other damages.

The defendant has 30 days to respond, also known as an answer. In this response, the defendant may admit or deny any allegations made in the complaint. They may also include a third party defendant or file an appeal.

During the discovery phase in the discovery phase, both sides will exchange relevant information about their respective positions and evidence in the case. This includes depositions (also known as interrogatories) as well as written questions (also known as interrogatories), as well as requests for documents. This is typically the major portion of the litigation timeline. In this stage, if there are any settlement options they will be discussed. Otherwise the case will proceed to trial. During this time, your attorney will tell your side of the tale before a judge or jury and the defendant will defend themselves.

The Discovery Phase

The discovery phase is a formal procedure that permits your legal team and the at-fault party to exchange information and collect evidence. It could include witness statements, information regarding your medical treatment, as well as proof of the damages you've suffered. Your lawyer may also employ several tools during discovery to help your case, including interrogatories, requests for documentation and depositions. Requests for documents are the requests to provide all relevant documents which is within each party's control. Interrogatories require written responses. Requests for admissions ask the other side to admit certain facts. This could reduce time and cost since attorneys do not need to prove these uncontested facts in court. Depositions are live interviews of witnesses in which your attorney can ask them questions about the incident under oath and have their answers recorded and translated by a court reporter.

Discovery may seem like an uncomfortable, long and time-consuming process, however it is necessary to gather the evidence required to be successful in your claim for compensation. Your attorney will be in a position to discuss the details of the discovery process with you during your complimentary consultation. If you attempt to conceal an injury that was already present and aggravated due to a preexisting medical condition, this information may be discovered during discovery and your case could be thrown out.

The Negotiation Phase

The negotiation of a settlement is the main goal of many injury cases. The process to achieve this goal is usually a back-and-forth exchange 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 assist in determining the amount of settlement that you want to demand and then help in negotiations.

The amount of damages, which includes medical bills, lost wages, and future losses, is an aspect that is constantly changing. The severity of your injuries could increase over time, which can increase the amount of your future losses and reduce the value of your current losses. Your attorney will ensure that damages are determined based on the severity of your injuries and the prognosis of the future recovery.

Insurance companies frequently attempt to limit their payout by challenging certain elements of your claim. This can result in an inability to settle settlement negotiations. However, your lawyer has strategies to help you overcome these obstacles and achieve the best possible result for your case. The process of negotiating an agreement can be a lengthy process that can take months or years. Negotiations can last for months or even years based on a variety of factors.

The Trial Phase

While the majority of cases involving injuries are resolved by settlement negotiations outside of court, your lawyer may choose to take your case to trial if a satisfactory resolution is not attainable. This can be a difficult lengthy, costly and expensive process. The jury also has to decide if the defendant should be accountable for your injuries and what amount of compensation you should be awarded. Your lawyer should investigate your case in order to understand the circumstances of your injury lawyer, the extent of damages, injuries, and costs.

Your attorney will now summon witnesses as well as experts and present physical evidence, such as photos or documents as well as medical reports. This is known as the case-in-chief phase. The defense attorney will call witnesses to testify for rebuttal, and argue that plaintiffs should not be awarded damages. The judge or jury will then review the evidence and arguments put forward by both parties.

The judge will then explain the legal standards that must be met in order for the jury to come up with a verdict in favor of the plaintiff and against the defendant. This is referred to as jury instruction. Then, each side presents their closing arguments. If the jury is unable to agree on a decision, the judge will declare the trial a mistrial. If you are not happy with the outcome of your trial, there might be an appeal option.