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Your Worst Nightmare About Injury Litigation Get Real
injury law firm port st lucie that allows you to recover compensation for your injuries and losses. Your injury attorney will build strong evidence for your case by utilizing eyewitness testimony, medical documentation in the form of defendant statements, expert witness opinions.

Your lawyer will bring your lawsuit. Once the defendant has responded and the case is moved to an inquiry stage known as discovery.

The Complaint

Before a lawsuit can be filed, an injured party (plaintiff) must conduct pre-lawsuit discovery. This involves reviewing police accident reports, conducting informal discovery and identifying possible at-fault parties.


Once the plaintiff has done this, they can start a summons as well as a complaint. The complaint identifies the person who is being sued, and exposes the harm caused by the defendant's actions or lack thereof. The typical complaint will include a demand for damages for injuries suffered by the victim, including medical bills loss of wages along with pain and suffering and other damages.

The defendant has 30 days to respond, also known as an answer. In this response, the defendant can admit or deny any claims made in the complaint. They may also make an additional counterclaim or include a third-party defendant in the suit.

During the discovery phase, both parties will exchange relevant information regarding their positions and the evidence. This involves depositions (also called interrogatories), written questions (also known as interrogatories) as well as requests for documents. This phase usually takes up the majority of the timeframe for an action. If there are settlement opportunities they will be made during this period. If not, the case will progress to trial. During this time your lawyer will present your side of the 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 gather evidence. This may include witness testimony or details of your medical treatment and evidence of the losses you've suffered. Your lawyer may also employ various tools during discovery to aid your case, such as interrogatories, requests for documentation and depositions. Requests for documents are essentially requests to provide all relevant documentation that are within each party's control. Interrogatories require written responses. Requests for admissions require the other party to admit certain facts, which can reduce time and cost since attorneys do not need to prove the facts uncontested at trial. Depositions are live, in-person interviews with witnesses, during which your attorney can ask them questions about the incident under the oath. Their answers will be recorded and transcribing.

Although discovery can seem like a long, intrusive and uncomfortable process, it is a necessary step to gather the evidence you need to win your injury claim. During your free consultation your attorney can discuss the details of the discovery process. If you attempt to conceal an injury that is preexisting and has gotten worse due to a preexisting medical condition, this information may be discovered during the process of discovery and your case could be dismissed.

The Negotiation Phase

Most cases of injury aim to settle a case through negotiations. 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 assist you determine the best number to request for your settlement and can then assist in negotiations.

One of the issues with settling an injury claim is that the amount you are owed (including medical bills, lost income, and future losses - can be a volatile aspect. Your injuries can get worse over time. This could cause further loss or reduce the value of current losses. Your attorney will ensure that damages are determined based on the severity of your injuries and your prognosis for future recovery.

In many cases insurance companies are trying to limit their payouts for claims by arguing against some aspects of your case. This could delay settlement negotiations, but your lawyer has strategies to help you navigate these obstacles and get the most favorable outcome for your case. In some instances the process of negotiating an agreement could be a long process that can take months or even years. There are many factors that affect the length of time that settlement negotiations be, but knowing what to expect will make the process less stressful and more effective for you.

The Trial Phase

Although the majority of injury cases are resolved through settlement negotiations, which are not in court, your attorney may choose to take your case to trial if a satisfactory solution is not reached. It is a stressful lengthy, costly and expensive procedure. The jury will also have to decide if you are compensated for your injuries and, if so, how much. Your lawyer must thoroughly research your case in order to understand the circumstances surrounding your injuries, the severity of damages, injuries, and costs.

Your lawyer will now call witnesses and experts and present physical evidence, including photographs or documents as well as medical reports. This is known as the "case-in-chief" phase. The defense attorney will call witnesses to testify in rebuttal and argue for the reasons why the plaintiff shouldn't be awarded damages. The judge or jury will then review the evidence and arguments made by both parties.

The judge will then discuss the legal standards that must be met in order for the jury to come up with a verdict in favor of the plaintiff and against the defendant. This is known as jury instruction. Following that, each side will present their closing arguments. If the jury fails to reach a consensus and the judge declares a mistrial. If you're not satisfied with the result of your trial, there may be an appeal available.

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