Injury Litigation
The process of suing for injury is a legal procedure that allows you to recover compensation for your injuries and losses. Your lawyer for injury will make use of strong evidence to support your case, such as eyewitness testimony from witnesses, medical records, defendant's statements, and expert witness opinions.
Your lawyer will file your lawsuit. After the defendant responds, the case enters a fact-finding stage called discovery.
The Complaint
Before a lawsuit is filed the person who suffered the injury (plaintiff), must conduct an investigation prior to filing a lawsuit. This includes studying police accident reports, making informal discovery and identifying potential defendants.
After the plaintiff has completed this, they can make a complaint and summons. The complaint describes the harm caused by the defendant or his inaction. It typically includes a demand for compensation for injuries suffered by the victim, including medical bills as well as lost wages along with pain and suffering and other damages.
The defendant has 30 days to respond, referred to as an answer. In this response, the defendant can admit or deny any claims made in the complaint. They can also include an additional defendant, or file an appeal.
During the discovery phase the parties will exchange pertinent information about their positions and the evidence. This usually includes depositions, written questions (called interrogatories), and requests for documents. This typically comprises the majority of the lawsuit timeline. If there are settlement possibilities they will be made during this time. If not the case will go to trial. During this time your attorney will be able to explain your perspective before a jury or judge and the defendant will put on their defense.
The Discovery Phase
Discovery is a formal phase that allows you and your legal team to exchange information with the other party and collect evidence. This can include witness testimony as well as details of the treatment you received from your doctor, and evidence of the losses you've suffered. Your attorney may use a variety tools to assist you during discovery, such as interrogatories and requests for documents. Interrogatories are written questions that require a written answer while requests for documents require the submission of all relevant documentation under the control of each party. Requests for admission are letters to the other party requesting for them to acknowledge certain facts. This can save time and money since the attorneys don't have to prove the facts in court. Depositions are live, in-person interviews with witnesses. During these interviews, your attorney can ask them questions about the incident while under oath. Their answers will be recorded and then transcribed.
While discovery may seem like a long unpleasant, time-consuming and uncomfortable process, it is a necessary step to gather the evidence required to win your injury claim. Your attorney will be capable of discussing the details of the discovery process with you during your complimentary consultation. If you try to hide a preexisting injury that worsened due to a preexisting medical condition This information could be discovered during the process of discovery and your case could be dismissed.
The Negotiation Phase
A settlement that is negotiated is the main goal of many injuries. The process to achieve this goal usually involves 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 help you choose the appropriate number to ask for your settlement and then assist in negotiations.
One of the biggest challenges in settlement of an injury claim is that the amount of your damages (including medical bills as well as lost income and future losses - can be a volatile aspect. Your injuries can get worse over time, which may increase your future losses and decrease the value of your current losses. Your attorney will work to ensure that your damages are determined by the current state of your injuries as well as an accurate prognosis for your future recovery.
Most often insurance companies try to limit their payout for claims by arguing against certain aspects of your case. This could lead to delay in settlement negotiations. However, your lawyer has strategies to help you overcome these hurdles and obtain the best possible outcome for your case. Negotiating an agreement can sometimes take a long time or even years. Negotiations can take months or even years based on various factors.
The Trial Phase
Although the majority of injury cases are resolved through settlement talks outside of the courtroom, your attorney could decide to take your case to trial if an acceptable resolution is not reached. It is a costly lengthy, time-consuming and stressful procedure. The jury will also have to decide if you are compensated for your injuries, and should they, if so, in what amount. It is therefore important for your lawyer to conduct a thorough investigation of your case prior to the trial to fully understand how you were injured and the severity of your injuries, the damages and expenses.
Your attorney will then call witnesses as well as experts and present physical evidence, including photographs, documents, and medical reports. injury claim evanston is known as the case-in-chief phase. The defense attorney will call witnesses to testify for rebuttal, and argue that plaintiffs should not be awarded damages. The judge or jury then considers the evidence and arguments of both parties.
The judge will explain to the jury the legal requirements that must be followed in order for them to make a decision in favor of plaintiffs or against defendants. This is referred to as jury instruction. Then, each side presents their closing arguments. If the jury is unable to agree on a final verdict, the judge will declare that the trial is a mistrial. In some cases an appeal could be available in the event that you are not satisfied with the results of your trial.