Injury Litigation
Legally, it is a procedure that allows you to get compensation for your injuries and losses. Your lawyer will use strong evidence to prove your case, including eyewitness testimony, medical records in the form of statements from the defendant, as well as expert witness opinions.
Your lawyer will file your lawsuit. After the defendant has replied to your lawsuit, the case goes into a stage of fact-finding called discovery.
The Complaint
Before the lawsuit can be filed, an injured party (plaintiff) must conduct pre-lawsuit discovery. This includes reviewing police accident reports, conducting informal discovery, and identifying potential liable parties and legal remedies that can be brought against them.
Once the plaintiff has done this, they can make a complaint and summons. The complaint identifies the person that is being sued and details the harm caused by the defendant's conduct or lack thereof. It typically includes a demand for damages for injuries suffered by the victim, including medical bills and lost wages along with pain and suffering and other damages.
The defendant will then have 30 days to file a reply, known as an answer in which they either admit or deny the allegations in the complaint. They can also file counterclaims or add a third party defendant to the suit.
During the discovery stage during the discovery phase, both parties will share pertinent information about their positions and evidence. This process includes depositions (also called interrogatories) and written questions (also known as interrogatories) as well as requests for documents. This process usually occupies most of the time for the lawsuit. During this phase, if there are any settlement opportunities they will be discussed. Otherwise the case will proceed to trial. During this period 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 process that permits your legal team and the party at fault to exchange information and gather evidence. This could include witness statements, information regarding your medical treatment, and evidence of the losses you've suffered. Your attorney can utilize a variety of tools to assist you during discovery, such as interrogatories or requests for documents. Interrogatories are written queries that require a written response, while request for documents require the submission of all relevant documentation that is under the control of each party. Requests for admission are written letters to the other party asking them to accept certain facts. This could save time and money as the attorneys do not need to prove the facts at trial. Depositions are live conversations with witnesses. Your attorney can ask them questions regarding the incident while under oath. Their answers will be recorded and then transcribed.
Although discovery can seem like a long unpleasant, time-consuming and uncomfortable process, it is a necessary step to gather the evidence required to win your injury case. During your consultation for free, your attorney can discuss the specifics of the discovery process. If you try to hide an injury that has already been aggravated due to a preexisting medical condition The information could be found out during discovery and your case could be dismissed.
The Negotiation Phase
Reaching a negotiated settlement is the goal of most injury cases. This process usually involves a exchange of back and forth between your lawyer and the insurer of the party who is responsible. 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 in deciding on the number of settlements you would like to seek and assist with negotiations.
The amount of damages, such as medical bills, lost wages, and future loss, is a factor that is always changing. Your injuries could get worse over time. This could result in a rise in future loss or reduce the value of current losses. Your lawyer will ensure that your damages are based on the current state of your injuries as well as an accurate prediction of your future recovery.
In many cases insurance companies are trying to limit the amount they pay for claims by challenging certain aspects of your case. This can delay settlement negotiations however, your lawyer can provide strategies to help you get through these difficulties and achieve the best possible outcome for your case. The process of negotiating an agreement can take a long time or even years. There are many factors that affect the length of time that settlement negotiations last, but understanding what to expect can make the process easier and more efficient for you.
The Trial Phase
Most injury cases are resolved outside of court through settlement negotiations. If the resolution isn't reached your lawyer could decide to take the case to trial. This can be a costly, time-consuming and stressful process. The jury also has to decide whether the defendant should be held liable for your injuries, and how much money you should receive. It is therefore important for your lawyer to conduct a thorough investigation of your case prior to the trial to fully comprehend the nature of your injuries and the severity of your injuries, damages and costs.
Your attorney will then call witnesses and experts and present physical evidence, like photographs documents, medical reports. This is the "case-in-chief" phase. The defense attorney will summon witnesses to testify as a argument against the plaintiff and argue that plaintiffs shouldn't be awarded damages. The judge or jury will then review the evidence and arguments presented by both parties.
injury lawsuit bolingbrook will explain to jurors the legal standards that must be met in order to decide whether to go in favor of the plaintiff or against the defendant. This is referred to as jury instruction. Afterwards, each side makes their closing arguments. If the jury cannot agree on a verdict the judge will declare the trial an unconstitutional trial. In some rare instances, an appeal may be available if you are not satisfied with the result of your trial.