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Injury Litigation Legally, it is the procedure that allows you to recover compensation for your injuries and losses. Your injury lawyer will use strong evidence to prove your case, including eyewitness testimony from witnesses, medical records defense counsel's statements, defendant's testimony, and expert witness opinions. Your lawyer will then file your lawsuit. Once the defendant has responded then the case goes to an inquiry stage known as discovery. The Complaint Before a lawsuit is filed, the injured person (plaintiff) must conduct a pre-lawsuit investigations. This involves looking over police accident reports, conducting informal discovery and identifying liable parties. Once the plaintiff has done this, they can file a summons and complaint. The complaint details the damages caused by the defendant or his inaction. It typically includes a request for compensation for medical bills, lost income, suffering and other damages that result from their injuries. The defendant has 30 days to respond, which is also referred to as an answer. In this response, the defendant is able to admit or deny any claims made in the complaint. They can also add third party defendants or make an appeal. During the discovery stage in the discovery stage, both parties exchange relevant information regarding their positions and evidence. This phase includes depositions (also called interrogatories) and written questions (also called interrogatories) as well as requests for documents. This usually accounts for the most of the timeline for lawsuits. If settlement opportunities are available they will be made during this period. The case will then proceed to trial if there is no settlement. During this period the attorney will present your story before a judge or jury and the defendant will defend themselves. The Discovery Phase Discovery is a formal phase that permits you and your legal team to share information with the other party and collect evidence. This could include witness testimony and details about your medical treatment, and proof of losses you have suffered. Your attorney will have access to a variety of tools to assist you during discovery, such as interrogatories or requests for documents. Requests for documentation are requests to provide all relevant documentation which is within each party's control. Interrogatories require written responses. Requests for admission ask the other party to admit certain facts, which can help save time and money because attorneys do not need to prove these facts during trial. Depositions are live interviews of witnesses in which your attorney can interview them about the incident under oath. get their answers recorded and translated by a court reporter. Although discovery can appear to be a long, intrusive and uncomfortable process but it's a crucial step to gather the evidence needed to win your case. Your attorney will be willing to go over the specifics of the discovery process with you during your complimentary consultation. If you try to hide an injury that has already been aggravated due to a medical condition that was already present The information could be discovered during discovery and your case could be dismissed. The Negotiation Phase Negotiating a settlement is the primary goal in most 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 in deciding on the amount of settlements you wish to demand and then help in negotiations. One of the biggest challenges in the process of settling a claim for injury is that the amount you are owed – including your medical bills or lost income as well as future losses – is an evolving factor. Your injuries could get worse as time passes, which could increase your future losses and decrease the value of your current losses. Your attorney will ensure that your damages are determined based upon your current injuries and your prognosis for the future recovery. Most often insurance companies attempt to limit their payouts for claims by arguing against some elements of your case. This could delay settlement negotiations, but your lawyer has strategies to help you overcome these challenges and reach the best possible outcome for your case. Negotiating a settlement can take months or years. Numerous factors influence how long settlement negotiations last, but knowing the length to expect can make the process less stressful and more effective for you. The Trial Phase Most cases of injury are resolved outside of court through settlement negotiations. However, if a resolution is not reached your lawyer might decide to proceed to trial. This can be a stressful long, expensive and costly process. It also requires the jury to decide whether the defendant should be accountable for your injuries, and how much money you are entitled to. Your lawyer must thoroughly research your case in order to understand the circumstances of your injuries, the amount of damages, injuries, and the costs. At this point, your lawyer will summon witnesses and experts to testify, and provide evidence in the form of documents, photographs, and medical reports. This is the “case-in-chief” phase. The defense attorney will call witnesses to testify for counter argument and argue that the plaintiff should not receive damages. The judge or jury decides on the arguments and evidence of both sides. The judge will then outline the legal requirements that must be met for the jury to decide in favor of the plaintiff and against the defendant. injury lawsuit mission is known as jury instruction. Following that, each side will present their closing arguments. If the jury is unable reach a consensus on a verdict and the judge decides to declare a mistrial. In some rare cases an appeal could be available if you're unhappy with the outcome of your trial.