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25 Shocking Facts About Injury Litigation
Injury Litigation

Injury litigation is the legal procedure that allows you to recover compensation for your losses and injuries. Your injury lawyer will develop solid evidence in your case including eyewitness testimony, medical records, defendant statements and expert witness opinions.

Your lawyer will then file your lawsuit. After the defendant has responded to the lawsuit, the case will move into a stage of fact-finding called discovery.

The Complaint

Before a lawsuit can be filed, an injured person (plaintiff) must conduct pre-lawsuit discovery. This includes reviewing accident reports, conducting informal discovery, and identifying potentially liable parties and available causes of action that can be asserted against them.

Once the plaintiff has done this, they can file a summons and complaint. The complaint describes the harm caused by the defendant's or his inaction. It typically includes a demand to recover damages for the victim's injuries including medical bills and lost wages as well as pain and suffering, among other damages.

The defendant has 30 days to respond, referred to as an answer. In this response, the defendant has the option to acknowledge or deny the allegations made in the complaint. They may also make counterclaims or include a third-party defendant in the suit.

During the discovery phase in the discovery phase, both sides will exchange relevant information about their positions and the evidence they have in the case. This process includes depositions (also known as interrogatories) and written questions (also called interrogatories) as well as requests for documents. This process usually occupies the majority of the timeframe for an action. If there are settlement options that are available, they will be negotiated during this period. The case will go to trial if there is no settlement. During this period your lawyer will give your case to a jury or judge and the defendant will put on their defense.

The Discovery Phase

The discovery phase is a formal procedure that permits your legal team and the party at fault to exchange information and gather evidence. It could include witness statements as well as details of the treatment you received from your doctor, and evidence of losses you've suffered. Your attorney can utilize a variety of tools to assist you during discovery, including interrogatories as well as requests for documents. Requests for documents are the requests to provide all relevant documents that is under each party's control. Interrogatories require written responses. Requests for admissions ask the other side to admit certain facts, which can save time and money since attorneys do not need to prove these uncontested facts during trial. Depositions are live conversations with witnesses, during which your attorney can ask them questions regarding the incident while under the oath. Their responses will be recorded and transcribing.

injury lawyer fayetteville may seem like an uncomfortable, lengthy and time-consuming process, however it's necessary to collect the evidence needed to win your injury claim. Your lawyer will be in a position to discuss the details of the discovery process with you during your complimentary consultation. If you attempt to conceal an injury that was already present and aggravated due to a preexisting medical condition the information could be found out during discovery and your case could be thrown out.

The Negotiation Phase

Negotiating a settlement is the primary goal in most injuries. This process usually involves an exchange of information back and between your lawyer and the responsible party's insurer. 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 in determining the amount of settlement you wish to seek and assist with negotiations.

One of the issues with the process of settling an injury case is that the amount of your damages which includes medical bills as well as lost income and future losses - is a dynamic factor. Your injuries may get worse over time. This could result in a rise in future losses or decrease the value of your current losses. Your attorney will work to ensure that your damages are based on the current state of your injuries and a complete outlook for future recovery.

Insurance companies frequently attempt to limit the amount they pay by disputing certain elements of your claim. This can cause delays in settlement negotiations however, your lawyer has strategies to help you navigate these challenges and reach the most favorable outcome for your case. Negotiating an agreement may be a lengthy process that can take months or years. There are many factors that affect how long settlement negotiations will last, but knowing the length to expect can make the process easier and more efficient for you.

The Trial Phase


The majority of injury cases are settled outside of court through settlement negotiations. If a resolution is not reached your lawyer might decide to bring the case to trial. It is a stressful lengthy, costly and expensive process. The jury will also have to decide if you should be compensated for your injuries and should they, if so, in what amount. Therefore, it is essential for your lawyer to conduct thorough research on your case at this point to fully comprehend the nature of your injuries, the extent of your injuries, the damages and costs.

At this point, your lawyer will call witnesses and experts to testify, and provide evidence in the form of documents, photos, and medical reports. This is referred to as the case-in-chief phase. The defense attorney will then summon witnesses to testify in rebuttal and argue that the plaintiff should not be awarded damages. The jury or judge considers the arguments and evidence of both parties.

The judge will then explain the legal requirements to be met in order for the jury to rule in favor of the plaintiff and against the defendant. This is known as jury instruction. Then, each side presents their closing arguments. If the jury fails to reach a consensus on a verdict and the judge declares a mistrial. If you are not happy with the results of your trial, there could be an appeal option.

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