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Injury Litigation

The legal process that allows you to collect compensation for your losses and injuries. Your injury lawyer will use strong evidence to prove your case. This includes eyewitness testimony, medical documents as well as the statements of the defendant and expert witness opinions.

Your lawyer will then begin to file your lawsuit. After the defendant responds and the case is moved to an investigation stage, also known as discovery.

The Complaint

Before filing a lawsuit, the injured person (plaintiff) must conduct a pre-lawsuit investigation. This entails reviewing police accident reports, conducting informal discovery, and identifying potential liable parties and available legal remedies that can be filed against them.

Once the plaintiff has done this, they are able to file a summons and complaint. The complaint identifies the party who is being sued and describes the harm caused by the defendant's actions or lack thereof. injury settlement louisiana will include a demand for compensation for medical bills as well as lost income, pain and suffering, and other damages resulting from their injury.

The defendant has 30 days to respond, which is also referred to as an answer. In this response, the defendant may acknowledge or deny the allegations made in the complaint. They can also file an appeal or add a third-party defendant to the suit.

During the discovery phase where both sides exchange pertinent information regarding their positions and the evidence in the case. This involves depositions (also called interrogatories) as well as written questions (also called interrogatories) and requests for documents. This phase typically accounts for the most of the timeline for lawsuits. If there are any settlement possibilities the possibility of settlement will be discussed. The case will then proceed to trial if there is no settlement. In this time the attorney will present your side of the tale to a jury or judge and the defendant will defend themselves.

The Discovery Phase

Discovery is a formal phase that allows you and your legal team to share information with the other party and gather evidence. This could include witness statements, details about your medical treatment and evidence of the losses that you have suffered. Your attorney can utilize a variety of tools to aid you in discovery, including interrogatories as well as requests for documents. Requests for documentation are requests to provide all relevant documents that is within the respective parties' control. Interrogatories require written responses. Requests for admission are written letters to the other party requesting for their admission to certain facts. This could save time and money since attorneys don't have to prove the facts during trial. Depositions are recorded interviews with witnesses where your attorney is able to ask them questions about the incident under oath and get their answers recorded and transcribing by a court reporter.

Although it may seem like a long process that is invasive, uncomfortable and tedious but it's a crucial step to gather the evidence needed to win your injury claim. Your lawyer will be capable of discussing the details of the discovery process with you during your no-cost consultation. For instance, if you try to hide a preexisting condition that has aggravated your injury and this information is discovered during the discovery process and thrown out of your case.

The Negotiation Phase

Reaching a negotiated settlement is the goal of most injuries. The process typically involves a back and to and back-and-forth between your lawyer as well as that of the insurer of the party who is responsible. 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 in deciding on the amount of settlements you would like to negotiate and help in negotiations.

The amount of damages, which includes medical bills, lost wages, and future losses, is a factor that is always changing. Your injuries could get worse over time, which could increase your losses in the future and decrease the value of your current losses. Your attorney will work to ensure that your damages are in line with the current condition of your injuries, and provide an accurate prognosis for your future recovery.

Insurance companies often try to limit their payout by arguing about certain aspects of your claim. This could result in delays in settlement negotiations. However your lawyer has strategies to help you overcome these obstacles to get the best possible result for your case. Negotiating an agreement can sometimes take a long time or even years. Negotiations can last for months or even a whole year based on many factors.

The Trial Phase

While the majority of injuries cases are resolved through settlement negotiations outside of court, your attorney may decide to take your case to trial if an acceptable resolution cannot be reached. This can be a difficult lengthy, costly and expensive process. The jury also has to decide if the defendant should be held liable for your injuries, and what compensation you will receive. It is therefore important for your lawyer to conduct thorough research on your case at this stage to fully understand how you were injured, the extent of your injuries, the damages and expenses.


Your lawyer will now call witnesses and experts, and will present physical evidence, such as photos or documents as well as medical reports. This is known as the case-in-chief phase. The defense attorney will summon witnesses to testify in rebuttal, and argue that the plaintiff should not receive damages. The judge or jury will then look at the evidence and arguments offered by both sides.

The judge will then outline the legal standards which must be followed for the jury to decide for the plaintiff and against the defendant. This is referred to as jury instruction. Each side will then present its closing arguments. If the jury fails to reach a consensus then the judge declares a mistrial. In rare instances appeals might be available if not satisfied with the results of your trial.

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