Injury Litigation

The legal process that allows you to recover compensation for your losses and injuries. Your injury lawyer will develop strong evidence in your case, including eyewitness testimony, medical records in the form of defendant statements, expert witness opinions.

Your lawyer will bring your lawsuit. After the defendant has replied, the case moves into a stage of fact-finding called discovery.

The Complaint

Before a lawsuit is filed the person who was injured (plaintiff), must conduct pre-lawsuit investigation. This includes reviewing the police accident reports, conducting informal discovery, and identifying potential defendants.

After the plaintiff has completed this, they are able to start a summons as well as a complaint. The complaint identifies who is the party who is being sued and describes the harm caused by the defendant's actions or lack thereof. It typically contains a request for damages to compensate the victim for their injuries, including medical bills loss of wages as well as pain and Thomaston Injury Law Firm suffering, among other damages.

The defendant will then have 30 days to file a response called an answer in which they acknowledge or deny the allegations in the complaint. They may also make a counterclaim or add a third party defendant to the suit.

During the discovery phase where both sides exchange relevant information about their positions and the evidence in the case. This typically includes depositions, written questions (called interrogatories) and requests for documents. This is typically the most of the timeline for lawsuits. During this phase, if there are settlement opportunities, these will be discussed. In the event that there is no settlement the case will proceed to trial. During this time the attorney will present your story before a judge or jury and the defendant will defend themselves.

The Discovery Phase

The discovery phase is a formal process that permits 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 incurred. Your attorney can utilize a variety of tools to help you during discovery, including interrogatories and requests for documents. Requests for documentation are requests to supply all relevant documentation that are within each party's control. Interrogatories require written responses. Requests for admission are written demands to the other party, asking them to admit certain facts. This can save time and money as the attorneys do not need to prove their claims in court. Depositions are live recordings of witnesses where your attorney can interview them about the incident under oath. get their answers recorded, and then transcribed by a court reporter.

Discovery may appear to be an uncomfortable, long and tedious process, but it is essential to collect the evidence you require to prove your colton injury law firm claim. During your consultation for free, your attorney will be able to explain the specifics of the discovery process. If you try to hide an Thomaston Injury Law Firm 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

A settlement that is negotiated is the aim of the majority of injury cases. The process to achieve 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 assist you choose the appropriate number to request for your settlement and assist in negotiations.

The amount of damage, which includes medical bills, lost wages, and future losses, is a variable that is dynamic. Your injuries can get worse over time. This could result in a rise in future losses or decrease the value of current losses. Your attorney will ensure that your damages are determined based on the severity of your injuries and the prognosis of future recovery.

A lot of times insurance companies are trying to limit their payout for claims by arguing against specific elements of your case. This can lead to 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. In some instances the process of negotiating an agreement can be a long process that can take months or even years. Many factors affect the length of time that settlement negotiations last, but knowing the length to expect will make the process less stressful and more effective for you.

The Trial Phase

The majority of carrollton injury lawsuit cases are settled outside of court through settlement negotiations. If the resolution isn't reached your lawyer could decide to take the case to trial. It is a stressful costly and time-consuming process. The jury must also decide if you are compensated for your injuries and should they, if so, in what amount. Your lawyer should investigate your case to understand the circumstances of your injury, as well as the severity of damages, injuries, and costs.

Your lawyer will now call witnesses and experts and present evidence, like 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 counter argument, and argue that the plaintiff should not receive damages. The judge or jury then weighs the arguments and evidence of both parties.

The judge will explain to the jury the legal requirements that must be adhered to in order to decide whether to go in favor of plaintiff or against defendant. This is called jury instruction. Following that, each side will present their closing arguments. If the jury cannot agree on a verdict the judge will declare that the trial is a mistrial. If you're not satisfied with the outcome of your trial, there could be an appeal available.