Injury Litigation
Injury litigation is a legal procedure through which you can recover compensation for your injuries and losses. Your lawyer for injury will construct solid evidence for your case, including eyewitness testimony, medical records in the form of defendant statements, expert witness opinions.
Your lawyer will start the lawsuit. After the defendant responds then the case goes to the discovery phase, which is a process of finding facts.
The Complaint
Before a lawsuit is filed the person who was injured (plaintiff), must conduct an investigation prior to filing a lawsuit. This involves reviewing the police accident reports, conducting informal discovery and identifying liable parties.
After the plaintiff has completed this, they can submit a summons and a complaint. The complaint identifies who is the party who is being sued, and describes the harm caused by the defendant's conduct or lack thereof. It usually includes a request to recover damages for the victim's injuries including medical bills loss of wages as well as pain and suffering, among other damages.
The defendant is then given 30 days to file a response, known as an answer or answer, in which they accept or deny the allegations in the complaint. They may also make counterclaims or add a third-party defendant to the suit.
During the discovery stage the parties will exchange pertinent information about their positions and the evidence. This typically involves depositions written questions (called interrogatories) and requests for documents. This is typically the majority of the timeframe for a lawsuit. If there are settlement possibilities that are available, they will be negotiated during this time. If not the case will go to trial. In this instance the attorney will give your side of the story before a jury or judge and the defendant will put on their defense.
The Discovery Phase
The discovery phase is a formal procedure that allows your legal team and the at-fault party to exchange information and gather evidence. This may include witness statements, information regarding your medical treatment, and proof of the expenses you have incurred. Your attorney may use a variety tools to assist you during discovery, such as interrogatories or requests for documents. Interrogatories are questions which require a response in writing, while request for documents requires the submission of all relevant documents that fall under the control of the parties. Requests for admission require the other side to admit certain facts, which can help save time and money because the attorneys don't have to prove these uncontested facts in court. Depositions are live interviews of witnesses, where the attorney can ask them questions about the incident under oath, and have their answers recorded, and then transcribed by a court reporter.
Although it may seem like a lengthy process that is invasive, uncomfortable and tedious but it is an essential step to gather the evidence required to win your injury case. Your lawyer will be able to discuss the specifics of the discovery process with you during your complimentary consultation. If you attempt to conceal an injury that is preexisting and has gotten worse due to a preexisting medical condition the information could be discovered during discovery and your case could be dismissed.
The Negotiation Phase
The majority of injury cases seek to settle through negotiations. This process usually involves a exchange of back and forth between your lawyer and that of 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 decide on a number to demand for your settlement and then assist in negotiations.
The amount of damages, including medical bills, lost wages, and future losses, is a factor that changes. Your injuries can get worse over time, which may increase your losses in the future and decrease the value of your current losses. Your attorney will ensure that damages are determined based on your current injuries as well as the probability of future recovery.
Insurance companies usually try to limit their payout by arguing against certain aspects of your claim. This can prolong settlement negotiations but your lawyer will have strategies to help you overcome these difficulties and achieve the best possible outcome for your case. Negotiating a settlement can be a lengthy process that can take months or years. Negotiations can take months or even years based on various factors.
The Trial Phase
While the majority of injuries cases are resolved through settlement negotiations outside of court, your lawyer may choose to take your case to trial if an acceptable resolution is not attainable. This can be a difficult long, expensive and costly process. The jury will also have to decide if you should be compensated for your injuries, and in the event that they do, how much. Your lawyer must thoroughly research your case to discover the circumstances of your injuries, the amount of injuries, damages, and the costs.
At this stage, your attorney will call witnesses and experts to testify, and provide evidence in the form of documents, photographs and medical reports. This is the "case-in-chief" phase. The defense attorney will then summon witnesses to testify in rebuttal and argue as to why the plaintiff should not be awarded damages. The judge or jury weighs the arguments and evidence of both parties.
injury attorney richmond will explain to the jury the legal standards that must be adhered to in order for them to decide whether to go in favor of plaintiffs or against defendants. This is known as jury instruction. Then, each side presents their closing arguments. If the jury cannot agree on a decision, the judge will declare that the trial is an unconstitutional trial. In some rare instances appeals might be available if you are unhappy with the outcome of your trial.