Injury Litigation
The process of suing for injury is a legal process that allows you to recover compensation for your injuries and losses. Your lawyer for injury will construct solid evidence for your case including eyewitness testimony, medical documentation testimony of the defendant, expert witness opinions.
Your lawyer will then submit your lawsuit. After the defendant responds to the lawsuit, the case moves to an investigation stage, also known as discovery.
The Complaint
Before a lawsuit can be filed, an injured person (plaintiff) must conduct pre-lawsuit discovery. This includes looking over the police accident reports, conducting informal discovery and identifying possible defendants.
After the plaintiff has completed this, they are able to start a summons as well as a complaint. The complaint is a formal declaration of the party that is being sued and exposes the harm caused by the defendant's conduct or lack thereof. It typically contains a request for damages to compensate the victim for their injuries, including medical bills, lost wages, pain and suffering and other damages.
The defendant will then have 30 days to file a reply which is referred to as an answer in which they acknowledge or deny the allegations made in the complaint. They may also add an additional defendant, or file counterclaims.
During the discovery phase where both sides exchange relevant information about their respective positions and evidence in the case. This phase includes depositions (also known as interrogatories) as well as written questions (also called interrogatories) and requests for documents. This is typically the most of the timeline for lawsuits. During this phase, if there are any settlement possibilities, these will be discussed. In the event that there is no settlement the case will proceed to trial. During this time, your attorney will explain your perspective to a jury or judge and the defendant will put on their defense.
The Discovery Phase
The discovery phase is a formal process that permits your legal team and the at-fault party to exchange information and collect evidence. This may include witness statements, information regarding your medical treatment, and evidence of the losses you have incurred. Your attorney may also employ several tools during discovery to help your case, including interrogatories, requests for documents and depositions. Requests for documents are requests to provide all relevant evidence that is within the respective parties' control. Interrogatories require written responses. Requests for admission are written requests to the other party, asking them to admit certain facts. This can cut down on time and money since attorneys do not need to prove their claims at trial. Depositions are live interviews of witnesses in which your attorney can question them about the incident under oath, and have their answers recorded and transcribed by a court reporter.
Discovery can be an uncomfortable, lengthy and time-consuming process, however it's necessary to collect the evidence you require to prove your injury claim. During injury lawsuit missoula for free with your attorney, you will be able discuss the details of the discovery process. If you attempt to conceal an injury that was already present and aggravated due to a medical condition that was already present This information could be found out during discovery and your case could be dismissed.
The Negotiation Phase
The majority of cases involving injuries aim to settle the case through negotiations. The process typically involves a exchange of back and between your lawyer and the insurer of the responsible party. 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 with negotiations.
The amount of damages, including medical bills, lost wages, and future losses, is an aspect that is always changing. Your injuries could get worse over time, which may increase your future losses and decrease the value of your current losses. Your lawyer will ensure that your damages are calculated based on your current injuries and the likelihood of the future recovery.
Most often insurance companies try to limit the amount they pay for claims by challenging certain aspects of your case. This could lead to delays in settlement negotiations. However, your lawyer has strategies to assist you in overcoming these obstacles and achieve the best possible outcome for your case. Negotiating an agreement may take a long time or even years. Negotiations can take months or even years based on various factors.
The Trial Phase
Most injury cases are settled outside of court through settlement negotiations. If the resolution isn't reached the lawyer could decide to take the case to trial. This can be a stressful long, expensive and costly process. The jury also has to decide whether the defendant should be accountable for your injuries and what compensation you are entitled to. It is therefore crucial for your lawyer to conduct thorough research on your case prior to the trial to fully understand the nature of your injuries and the severity of your injuries, the damages and expenses.
At this point, your attorney will call witnesses and experts to testify. They will also provide evidence physical such as photographs, documents and medical reports. This is the "case-in-chief" phase. The defense attorney will summon witnesses to testify for defense, and argue that the plaintiff should not be entitled to damages. The jury or judge will then look at the evidence and arguments made by both sides.
The judge will explain to the jury the legal standards that must be followed in order to decide in the favor of plaintiff or against defendant. This is called jury instruction. Then, each side presents their closing arguments. If the jury cannot agree on a final verdict, the judge will declare the trial an unconstitutional trial. In some cases appeals may be available if you're unhappy with the outcome of your trial.