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Injury Litigation The process of suing for injury is a legal procedure through which you can get compensation for your injuries and losses. Your injury lawyer will develop solid evidence in your case by utilizing eyewitness testimony, medical documentation, defendant statements and expert witness opinions. Your lawyer will file your lawsuit. If the defendant does not respond to the lawsuit, the case moves to an inquiry stage known as discovery. The Complaint Before the lawsuit can be filed, the injured party (plaintiff) must conduct pre-lawsuit discovery. This includes reviewing police accident reports as well as conducting informal discovery and identifying potentially liable parties and legal remedies that can be brought against them. After the plaintiff has completed this, they can file a summons and complaint. The complaint is a formal declaration of the party who is being sued, and exposes the harm caused by the defendant's actions or lack thereof. It typically contains a request for damages for injuries suffered by the victim, including medical bills and lost wages along with pain and suffering and other damages. The defendant has 30 days to respond, also referred to as an answer. In this response, the defendant may admit or deny any claims made in the complaint. They may also add an additional defendant from a third party or file an appeal. During the discovery phase, both parties will exchange pertinent information about their positions and evidence. This involves depositions (also known as interrogatories) as well as written questions (also called interrogatories) and requests for documents. This usually takes up the majority of the timeframe for a lawsuit. If settlement opportunities are available they will be made during this time. If not the case will go to trial. In this instance the attorney will explain your case to a judge or jury 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 testimony, details of your medical treatment, and proof of losses you have suffered. Your lawyer may also employ various tools during discovery to aid your case, including interrogatories, requests for documents and depositions. Interrogatories are written queries which require a response in writing as well as requests for documents involve requesting all relevant documentation that is under the control of each party. Requests for admission are written letters to the other side asking for their admission to certain facts. This will save time and money as the attorneys don't need to prove the facts during trial. Depositions are live interviews of witnesses, where the attorney can interview them about the incident under oath and have their answers recorded and transcribed by a court reporter. Although it may appear to be an lengthy unpleasant, time-consuming and uncomfortable process but it's a crucial step to gather the evidence necessary to win your case. Your lawyer will be able to discuss the specifics of the discovery process with you during your complimentary consultation. For example, if you try to hide a prior condition that has aggravated your injury, this information could be discovered in the process of discovery and removed from your case. The Negotiation Phase Most cases of injury aim to settle a 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 help you determine the best number to demand for your settlement, and then assist in negotiations. The amount of damages, such as medical bills, lost wages, and future losses, is an aspect that is dynamic. injury law firm lincoln of your injuries could increase as time passes, which could increase your losses in the future and decrease the value of your current losses. Your lawyer will ensure that your damages are determined based on your current injuries as well as the probability of the future recovery. Insurance companies often attempt to limit their payout by arguing about certain aspects of your claim. This can lead to delay in settlement negotiations. However, your lawyer has strategies to assist you in overcoming these obstacles and achieve the best possible outcome for your case. In certain cases negotiations to reach an agreement could take months or even years. Many factors affect how long settlement negotiations last, but knowing the length to expect will make the process less stressful and more efficient for you. The Trial Phase While the majority of injuries cases are resolved through settlement negotiations, which are not in court, your attorney may decide to take your case to trial if an acceptable resolution is not attainable. It is a stressful lengthy, costly and expensive procedure. It also requires the jury to decide whether the defendant is held accountable for your injuries, and what amount of compensation you should receive. Your lawyer should investigate your case in order to understand the circumstances surrounding your injuries, the severity of damages, injuries, and the costs. Your attorney will then call witnesses and experts, and will present physical evidence, like photographs or documents as well as medical reports. This is the “case-in-chief” phase. The defense attorney will summon witnesses to testify as a counter argument and argue that plaintiffs should not be awarded damages. The judge or jury will then take into consideration the evidence and arguments presented by both parties. The judge will explain to the jury the legal requirements that must be met in order for them to decide in favor of the plaintiff or against the defendant. This is known as jury instruction. After that, both sides present their closing arguments. If the jury is unable to agree on a verdict and the judge decides to declare a mistrial. In some rare instances appeals might be available if not satisfied with the outcome of your trial.