Injury Litigation
Injuries litigation is the legal process that allows you to seek compensation for your losses and injuries. Your injury lawyer will use strong evidence to support your case. This includes eyewitness testimony, medical documents as well as the statements of the defendant and expert witness opinions.
Your lawyer will then file your lawsuit. After the defendant responds, the case enters the discovery phase, which is a process of finding facts.
The Complaint
Before a lawsuit can be filed, the injured person (plaintiff) must conduct pre-lawsuit discovery. This includes reviewing accident reports, conducting informal discovery, and identifying potential liable parties and possible legal remedies that can be argued against them.
The plaintiff may then file an order with a complaint. The complaint details the damage caused by the defendant's or his inaction. It typically contains a request for compensation for medical expenses loss of income, suffering and pain, and other damages arising from their injury.
The defendant is then given 30 days to file a response which is referred to as an answer in which they acknowledge or deny the allegations made in the complaint. They may also file counterclaims or add a third-party defendant the suit.
During the discovery stage during the discovery phase, both parties will share relevant information regarding their positions and evidence. This includes depositions (also called interrogatories) and written questions (also called interrogatories), as well as requests for documents. This is usually the majority of the timeline for a lawsuit. In this phase, if there are any settlement options they will be discussed. The case will proceed to trial if there's no settlement. During this period, your attorney will give your side of the story before a judge or a jury and the defendant will take on their defense.
The Discovery Phase
The discovery phase is a formal process that allows your legal team and the party at fault to exchange information and gather evidence. This can include witness testimony or details of your medical treatment, as well as evidence of losses you've suffered. Your lawyer can also make use of various tools in discovery to help your case, including interrogatories, documents requests and depositions. Requests for documentation are requests to supply all relevant documentation which is within each party's control. Interrogatories require written responses. Requests for admission require the other party to acknowledge certain facts, which can reduce time and cost since the attorneys don't have to prove the facts uncontested at trial. Depositions are live recordings of witnesses where your attorney can interview them about the incident under oath, and have their answers recorded and transcribed by a court reporter.
Discovery may appear to be an uncomfortable, lengthy and intrusive process, but it's necessary to collect the evidence you need to be successful in your claim for compensation. Your lawyer will be in a position to discuss the details of the discovery process with you during your free consultation. For instance, if you attempt to conceal a preexisting health issue that caused your injury to get worse and this information is discovered during the discovery process and then thrown out of your case.
The Negotiation Phase
The majority of cases involving injuries aim to settle a case through negotiations. The process to achieve this goal usually 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 decide on a number to request for your settlement and then assist in negotiations.
One of the challenges of settlement of an injury claim is that the amount of your damages which includes medical bills loss of income, future losses - can be a volatile aspect. Your injuries could worsen over time. This could increase future loss or reduce the value of current losses. Your attorney will work to ensure that your damages are dependent on the current condition of your injuries and a complete outlook for future recovery.
Insurance companies usually try to limit their payout by arguing against certain aspects of your claim. This could result in delay in settlement negotiations. However your lawyer can provide strategies to assist you in overcoming these obstacles and get the best possible outcome for your case. In some instances negotiations to reach an agreement can be a long process that can take months or even years. There are many factors that affect how long settlement negotiations will take, but knowing what to expect can make the process less stressful and more effective for you.
The Trial Phase
Most injury cases are resolved outside of court through settlement negotiations. If there is no resolution your lawyer might decide to take the case to trial. It is a stressful costly and time-consuming procedure. injury attorney arvada requires the jury to decide whether the defendant should be held accountable for your injuries, and what amount of compensation you should receive. It is therefore important for your lawyer to thoroughly investigate your case at this stage to fully understand the way you were injured, the extent of your injuries, damages and costs.
Your attorney will now call witnesses as well as experts and present physical evidence, including photographs or documents as well as medical reports. This is referred to as the case-in-chief phase. The defense attorney will call witnesses to testify and argue as to why the plaintiff should not be awarded damages. The judge or jury will then look at the evidence and arguments made by both parties.
The judge will then go over the legal requirements which must be followed for the jury to come up with a verdict in favor of the plaintiff and against the defendant. This is called jury instruction. Each side then makes its closing arguments. If the jury cannot reach an agreement on a final verdict, the judge will declare that the trial an unconstitutional trial. In some rare instances appeals might be available if you're not satisfied with the outcome of your trial.