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10 Things You'll Need To Be Educated About Injury Litigation
Injury Litigation

Injury litigation is the legal process which allows you to claim compensation for your losses and injuries. Your lawyer for injury will construct strong evidence for your case by utilizing eyewitness testimony, medical documents, defendant statements and expert witness opinions.

Your lawyer will then start the lawsuit. Once the defendant has responded then the case goes to an inquiry stage known as discovery.

The Complaint

Before filing a lawsuit the person who suffered the injury (plaintiff), must conduct pre-lawsuit investigation. This involves studying police accident reports, making informal discovery, and identifying potential defendants.

Once the plaintiff has done this, they are able to start a summons as well as a complaint. The complaint identifies the person that is being sued and details the harm caused by the defendant's actions or lack thereof. It typically includes a demand to seek damages for injuries suffered by the victim, including medical bills, lost wages or income, as well as pain and other damages.

The defendant will then have 30 days to file a response which is referred to as an answer in which they acknowledge or deny the allegations made in the complaint. They can also include an additional defendant, or make counterclaims.

During the discovery stage, both parties will exchange relevant information regarding their positions and the evidence. This typically involves depositions written questions (called interrogatories) and requests for documents. This usually takes up most of the time for the lawsuit. If there are settlement opportunities, they will take place during this time. Otherwise, the case will progress to trial. During this period your attorney will be able to present your case before a jury or judge and the defendant will put on their defense.

The Discovery Phase

Discovery is a formal process that permits you and your legal team to exchange information with the other party and collect evidence. This may include witness testimony, details of your medical treatment and evidence of losses you've suffered. Your lawyer can also make use of different tools during discovery to help your case, including interrogatories, documents requests and depositions. Interrogatories are questions that require a written answer as well as requests for documents requires the submission of all relevant documentation under the control of the parties. Requests for admission are written letters to the other party, asking them to accept certain facts. This will save time and money since the attorneys do not have to prove their case during trial. Depositions are live interviews with witnesses. Your attorney can ask them questions about the incident while under an oath. Their answers will be recorded and transcribed.

Discovery may seem like an uncomfortable, long and invasive process, but it's necessary to collect the evidence needed to be successful in your claim for compensation. During your consultation for free your attorney will be able to discuss the details of the discovery process. If injury law firm new hampshire try to hide an injury that was already present and aggravated due to a medical condition that was already present The information could be discovered during discovery and your case could be thrown out.

The Negotiation Phase

Reaching a negotiated settlement is the goal of most injury cases. The process typically involves a back and forth between your lawyer and the insurer of the responsible party. This may include informal conversations/correspondence (by phone, in meetings, by email) where the parties trade offers and counter-offers. Your lawyer can help decide on a number to request for your settlement and assist in negotiations.


One of the issues with settlement of an injury claim is that the amount of your damages which includes medical bills, lost income, and future losses - is a constantly changing aspect. Your injuries can get worse over time. This could cause further losses or decrease the value of current losses. Your lawyer will ensure that damages are determined based upon your current injuries and the likelihood of future recovery.

A lot of times insurance companies are trying to limit their payout for claims by arguing against some elements of your case. This can lead to delays in settlement negotiations. However your lawyer has strategies to assist you in overcoming these obstacles and get the best possible result for your case. In some cases, the process of negotiating an agreement could be lengthy, sometimes even for years. Negotiations can take months or even years depending on many factors.

The Trial Phase

While the majority of injuries cases are resolved through settlement negotiations outside of court, your lawyer may decide to take your case to trial if an acceptable resolution is not attainable. It is a costly lengthy and time-consuming procedure that can be stressful. The jury must also decide if you should be compensated for your injuries and if so, how much. Therefore, it is essential for your lawyer to thoroughly research your case at this point to fully comprehend how you were injured, the extent of your injuries, damages and expenses.

At this point, your lawyer will call witnesses and experts to testify. They will also present physical evidence such as documents, photographs and medical reports. This is the "case-in-chief" phase. The defense attorney will then summon witnesses to testify in rebuttal and argue as to why the plaintiff shouldn't be awarded damages. The judge or jury considers the evidence and arguments of both sides.

The judge will then outline the legal requirements to be met in order for the jury to rule for the plaintiff and against the defendant. This is referred to as jury instruction. Each side then gives its closing arguments. If the jury cannot reach an agreement on a decision, the judge will declare that the trial an unconstitutional trial. If you're not satisfied with the result of your trial, there could be an appeal option.

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