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Injury Litigation The legal process that allows you to seek compensation for your injuries and losses. Your injury attorney will build strong evidence for your case including eyewitness testimony, medical documentation testimony of the defendant, expert witness opinions. Your lawyer will then begin to file your lawsuit. When the defendant has responded and the case is moved to an inquiry stage known as discovery. The Complaint Before a lawsuit is filed the person who was injured (plaintiff) must conduct a an investigation prior to the filing of a lawsuit. This involves reviewing police accident reports, conducting informal discovery, and identifying potential at-fault parties. The plaintiff may then file a summons with a complaint. The complaint is a formal declaration of the party who is being sued. It also describes the harm caused by the defendant's actions or lack thereof. It usually includes a request for compensation for medical expenses as well as lost income, suffering and pain, and other damages resulting from their injury. The defendant has 30 days to respond, also referred to as an answer. In this response, the defendant may accept or deny the allegations made in the complaint. They may also file a counterclaim or include a third-party defendant in the suit. During injury law firm flower mound during the discovery phase, both parties will share relevant information regarding their positions and the evidence. This typically involves depositions written questions (called interrogatories) and requests for documents. This is usually the majority of the timeline for an action. If there are settlement possibilities, they will take place during this time. The case will go to trial if there is no settlement. During this time the attorney will present your case before a jury or judge and the defendant will take on their defense. The Discovery Phase The discovery phase is a formal procedure that permits your legal team and the party at fault to exchange information and gather evidence. This could include witness testimony and details about your medical treatment and evidence of the losses you've suffered. Your attorney can also use various tools during discovery to help your case, including interrogatories, requests for documentation and depositions. Requests for documents are essentially requests to provide all relevant evidence that is under each party's control. Interrogatories require written responses. Requests for admissions ask the other side to admit certain facts. This can help save time and money because lawyers do not have to prove these facts during trial. Depositions are live conversations with witnesses, during which your attorney can ask them questions about the incident under an oath. Their responses will be recorded and then transcribed. While discovery may appear to be a long process that is invasive, uncomfortable and tedious, it is a necessary step to gather the evidence you need to win your injury claim. Your attorney will be capable of discussing the details of the discovery process with you during your no-cost consultation. For instance, if try to hide a preexisting health issue that caused your injury to get worse it could be discovered during the discovery process and dismissed from your case. The Negotiation Phase Reaching a negotiated settlement is the aim of the majority of injuries. The process for achieving this goal is usually 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 you determine the best number to request for your settlement and assist in negotiations. The amount of damages, such as medical bills, lost wages and future losses, is a factor that changes. Your injuries can get worse over time, which can increase the amount of your future losses and reduce the amount of your current losses. Your lawyer will ensure that your damages are dependent on the current condition of your injuries, and provide an accurate prediction of your future recovery. Most often insurance companies attempt to limit their payouts for claims by arguing against certain aspects of your case. This can result in delays in settlement negotiations. However, your lawyer will have strategies to assist you in overcoming these obstacles to get the best possible result for your case. Negotiating an agreement may take months or years. Negotiations can last for months or even years depending on a variety of factors. The Trial Phase Most cases involving injuries are settled outside of court through settlement negotiations. However, if a resolution is not reached the lawyer could decide to bring the case to trial. This can be a difficult, expensive and time-consuming process. The jury will also have to decide if you are compensated for your injuries, and in the event that they do, how much. It is therefore crucial for your lawyer to conduct thorough research on your case at this point to fully understand how you were injured and the severity of your injuries, the damages and costs. Your attorney will now call witnesses and experts and present physical evidence, such as photos documents, documents, and medical reports. This is the “case-in-chief” phase. The defense attorney will summon witnesses to testify in defense and argue that the plaintiff should not receive damages. The judge or jury will then look at the evidence and arguments offered by both parties. The judge will then go over the legal requirements that must be met in order for the jury to decide for the plaintiff and against the defendant. This is called jury instruction. After that, both sides present their closing arguments. If the jury is not able to agree on a final verdict, the judge will declare that the trial an unconstitutional trial. In some rare cases appeals might be available if not satisfied with the results of your trial.