Injury Litigation

Injury litigation is the legal procedure that allows you to seek compensation for your losses and injuries. Your lawyer for injury will make use of strong evidence to support your case, which includes eyewitness testimony, medical records, defendant's statements, and expert witness opinions.

Your lawyer will then file your lawsuit. After the defendant has responded to the suit, it moves to the phase of fact-finding known as discovery.

The Complaint

Before the lawsuit can be filed, the injured person (plaintiff) must conduct pre-lawsuit discovery. This includes reviewing police accident reports as well as conducting informal discovery and identifying any potentially liable parties and available causes of action that could be filed against them.

Once the plaintiff has done this, they can make a complaint and summons. The complaint identifies who is the party who is being sued. It also describes the harm caused by the defendant's actions or lack thereof. It typically contains a request for damages to compensate the victim for injury their injuries, including medical bills and lost wages as well as pain and suffering, among other damages.

The defendant then has 30 days to file a response called an answer, in which they admit or deny the allegations made in the complaint. They can also include a third party defendant or make counterclaims.

During the discovery phase during the discovery phase, both sides will share relevant information about their positions and the evidence in the case. This typically includes depositions, written questions (called interrogatories) and requests for documents. This typically comprises the major portion of the litigation timeline. If there are settlement opportunities they will be discussed. The case will then proceed to trial if there is no settlement. In this time the attorney will present your side of the tale to a jury or judge and the defendant will defend themselves.

The Discovery Phase

The discovery phase is a formal procedure that allows your legal team and the at-fault party to exchange information and collect evidence. This could include witness statements, specifics about your medical treatment and proof of the losses you've suffered. Your attorney may use a variety tools to assist you during discovery, including interrogatories as well as requests for documents. Requests for documentation are requests to provide all relevant evidence which is within each party's control. Interrogatories require written responses. Requests for admissions ask the other party to admit certain facts. This can save time and money as attorneys do not need to prove these undisputed facts in court. Depositions are live, in-person interviews with witnesses. Your attorney can ask them questions regarding the incident while under oath. Their responses will be recorded and transcribed.

Discovery can be an uncomfortable, long and invasive process, but it's necessary to collect the evidence needed to be successful in your claim for compensation. During your free consultation your attorney will be able discuss the specifics of the discovery process. For instance, if you attempt to conceal a preexisting condition that has caused your injury to worsen or aggravated, the information could be discovered during the discovery process and dismissed from your case.

The Negotiation Phase

Most injury cases aim to settle through negotiation. The process of reaching this goal usually involves an exchange of information between your lawyer and the responsible party's 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 decide on the number you want to demand for your settlement and can then assist in negotiations.

One of the difficulties of the process of settling a claim for lancaster injury law firm is that the amount of your damages which includes medical bills, lost income, and future losses - is an evolving factor. The severity of your injuries could increase over time, which could increase the amount of your future losses and reduce the amount of your current losses. Your attorney will work to ensure that your damages are dependent on the current condition of your injuries and an accurate prognosis for your future recovery.

Most often insurance companies try to limit the amount they pay for claims by arguing against certain elements of your case. This can result in delays in settlement negotiations. However, your lawyer can provide strategies to help you overcome these obstacles and get the best possible result for your case. The process of negotiating an agreement can take months or years. Negotiations can take months or even a whole year based on many different factors.

The Trial Phase

Most cases of injury are resolved without court through settlement negotiations. If there is no resolution your lawyer might decide to proceed to trial. This is an expensive and time-consuming process that can be stressful. The jury must also decide if you should be compensated for your injuries and should they, if so, in what amount. Your lawyer should thoroughly investigate your case to understand the circumstances of your injury, as well as the severity of damages, injuries, and costs.

Your attorney will now call witnesses and experts and present physical evidence, such as photographs documents, documents, and medical reports. This is the "case-in-chief" phase. The defense attorney will call witnesses to testify on behalf of a argument against the plaintiff and argue that the plaintiff should not receive damages. The jury or judge will then review the evidence and arguments made by both parties.

The judge will then discuss the legal requirements which must be followed for the jury to find in favor of the plaintiff and against the defendant. This is known as jury instruction. Each side then gives its closing arguments. If the jury cannot agree on a verdict the judge will declare that the trial is an unconstitutional trial. In rare instances appeals may be available if not satisfied with the results of your trial.