Injury Litigation
Legally, it is a process by which you can recover compensation for your injuries and losses. Your lawyer for injury will make use of 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 file your lawsuit. After the defendant has responded to the suit, it moves to the stage of fact-finding, which is known as discovery.
The Complaint
Before a lawsuit can be filed, the injured person (plaintiff) must conduct pre-lawsuit discovery. This includes reviewing police accident reports, conducting informal discovery, and identifying potentially liable parties and causes of action that can be filed against them.
The plaintiff can then file a summons along with a complaint. The complaint identifies the party who is being sued, and describes the harm caused by the defendant's conduct or lack thereof. It typically includes a demand to seek damages for the victim's injuries including medical bills and lost wages as well as pain and suffering, among other damages.
The defendant then has 30 days to file a response called an answer, in which they admit or deny the allegations in the complaint. They may also include an additional defendant from a third party or make a counterclaim.
During the discovery phase where both sides exchange pertinent information regarding their respective positions and evidence in the case. This usually includes depositions, written questions (called interrogatories) and requests for documents. This typically comprises 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. During this period, your attorney will tell your side to a jury or judge 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 gather evidence. It could include witness statements, details of your medical treatment, as well as evidence of losses you've suffered. Your attorney may also employ various tools during discovery to help your case, including interrogatories, documents requests and depositions. Interrogatories are written questions that require a response written and requests for documents requires the submission of all relevant documents that fall under the control of the parties. Requests for admission are written letters to the other party, asking for their admission to certain facts. This could save time and money since the attorneys do not have to prove their case during trial. Depositions are live, in-person interviews with witnesses, where your attorney can ask them questions regarding the incident under oath. Their answers will be recorded and transcribed.
Discovery can be an uncomfortable, long and tedious process, but it's necessary to collect the evidence you require to prove your injury claim. injury lawsuit pueblo will be able to discuss the specifics of the discovery process with you during your complimentary consultation. If you try to hide a preexisting injury that worsened due to a medical condition that was already present the information could be discovered during discovery and your case could be dismissed.
The Negotiation Phase
Most injury cases aim to settle the case through negotiations. The process of reaching 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 settlement you wish to request and assist in negotiations.
One of the difficulties of settling an injury claim is that the amount you are owed (including medical bills loss of income, future losses - is an evolving factor. Your injuries can get worse over time, which could increase 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 your prognosis for the future recovery.
Often insurance companies try to limit their payout for claims by arguing against specific elements of your case. This could lead to an inability to settle settlement negotiations. However, your lawyer will have strategies to assist you in overcoming these obstacles and get the best possible result for your case. The process of negotiating an agreement can take months or years. Many factors affect how long settlement negotiations take, but knowing what to expect will make the process less stressful and more effective for you.
The Trial Phase
Most cases involving injuries are resolved without court through settlement negotiations. However, if there is no resolution your lawyer could decide to go to trial. This can be a difficult lengthy, costly and expensive process. The jury also has to decide whether the defendant is held accountable for your injuries and how much money you will receive. Your lawyer must thoroughly research your case to understand the circumstances of your injuries, the amount of the injuries, damages and the costs.
At this moment, your lawyer will summon witnesses and experts to testify and present physical evidence such as photographs, documents and medical reports. This is referred to as the case-in-chief phase. The defense attorney will summon witnesses to testify on behalf of a argument against the plaintiff and argue that plaintiffs shouldn't be awarded damages. The jury or judge will then review the evidence and arguments put forward by both parties.
The judge will then explain the legal requirements that must be met for the jury to find in favor of the plaintiff and against the defendant. This is known as jury instruction. After that, both sides present their closing arguments. If the jury cannot reach a decision and the judge declares a mistrial. If you are not happy with the outcome of your trial, there could be a right to appeal.