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Injury Litigation Legally, it is the process that allows you to collect compensation for your injuries and losses. Your lawyer for injury will make use of strong evidence to support your case, which includes eyewitness testimonies, medical documentation defense counsel's statements, defendant's testimony, and expert witness opinions. Your lawyer will start the lawsuit. If the defendant does not respond and the case is moved to an investigation stage, also known as discovery. The Complaint Before the lawsuit is filed, an injured person (plaintiff) must conduct pre-lawsuit discovery. This involves looking over police accident reports, conducting informal discovery, and identifying potential responsible parties. Once the plaintiff has done this, they can file a summons and complaint. The complaint details the damage caused by the defendant's action or his actions. It usually includes a request for compensation for injuries suffered by the victim, including medical bills, lost wages along with pain and suffering and other damages. The defendant will then have 30 days to file a reply or answer or answer, in which they accept or deny the allegations in the complaint. They may also add third party defendants or make an appeal. During the discovery phase during the discovery phase, both sides will share pertinent information regarding their positions and the evidence they have in the case. This involves depositions (also known as interrogatories) as well as written questions (also known as interrogatories) as well as requests for documents. This typically comprises the most of the timeline for lawsuits. If there are any settlement opportunities the possibility of settlement will be discussed. If not the case will go to trial. During this period the attorney will present your side of the story to a jury or judge and the defendant will defend themselves. The Discovery Phase Discovery is a formal stage that permits you and your legal team to exchange information with the other party and collect evidence. This could include witness statements, details about your medical treatment and proof of the losses you've incurred. Your lawyer may also employ different tools during discovery to assist your case, such as interrogatories, requests for documents and depositions. Interrogatories are written queries that require a written answer as well as requests for documents requires the submission of all relevant documents under the control of each party. injury law firm tustin for admission require the other side to admit certain facts. This could save time and money since the attorneys don't have to prove these facts at trial. Depositions are recorded interviews with witnesses where your attorney is able to ask them questions about the incident under oath. have their answers recorded and translated by a court reporter. Although it may seem like a long, intrusive and uncomfortable process but it's a crucial step to gather the evidence required to win your injury claim. Your lawyer will be in a position to discuss the details of the discovery process with you during your no-cost consultation. For example, if you attempt to conceal a preexisting condition that your injury worsened or aggravated, the information could be discovered during the discovery process and thrown out of your case. The Negotiation Phase Reaching a negotiated settlement is the main goal of many injury cases. The process of achieving 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 in deciding on the number of settlement that you want to request and assist in negotiations. The amount of damages, such as medical bills, lost wages, and future losses, is an aspect that changes. The severity of your injuries could increase over time, which could increase your losses in the future and decrease the value of your 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. A lot of times insurance companies try to limit their payouts for claims by arguing against certain aspects of your case. This can result in a delay in settlement negotiations. However, your lawyer has strategies to help you overcome these obstacles to get the best outcome for your case. In some cases the process of negotiating an agreement could be a long process that can take months or even years. Many factors affect the length of time that settlement negotiations take, but knowing what to expect will make the process less stressful and more effective for you. The Trial Phase While most injury cases are resolved through settlement negotiations outside of the courtroom, your attorney could choose to take your case to trial if a fair solution is not reached. This is a costly lengthy and time-consuming procedure that can be stressful. The jury must also decide if you are paid for your injuries and should they, if so, in what amount. Your lawyer must thoroughly investigate your case to discover the circumstances surrounding your injuries, the amount of injuries, damages, and costs. Your attorney will then call witnesses and experts and present physical evidence, like photographs or documents as well as medical reports. This is known as the case-in chief phase. The defense attorney will then call witnesses to testify and argue as to why the plaintiff shouldn't be awarded damages. The jury or judge evaluates the arguments and evidence of both parties. The judge will then discuss the legal requirements which must be followed for the jury to come up with a verdict for the plaintiff and against the defendant. This is known as jury instruction. Each side then presents its closing arguments. If the jury is unable reach a consensus, the judge will declare a mistrial. If you are not happy with the outcome of your trial, there could be a right to appeal.