Notes

The Three Greatest Moments In Injury Litigation History
Injury Litigation


Injuries litigation is the legal procedure which allows you to claim compensation for your injuries and losses. Your lawyer will create solid evidence for your case, including eyewitness testimony, medical documentation, defendant statements and expert witness opinions.

Your lawyer will then start the lawsuit. After the defendant has replied to the suit, it moves to the phase of fact-finding known as discovery.

The Complaint

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

The plaintiff can then file an order with a complaint. The complaint identifies who is the party that is being sued and describes the harm caused by the defendant's actions or lack thereof. It typically contains a request for compensation for the victim's medical bills, lost income, suffering and pain, as well as other damages arising from their injuries.

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

During the discovery phase in the discovery stage, both parties exchange relevant information regarding their positions and the evidence. This usually includes depositions, written questions (called interrogatories) and requests for documents. This process usually occupies most of the time for the lawsuit. If there are any settlement options the possibility of settlement will be discussed. The case will go to trial if there is no settlement. In this instance your lawyer will explain your case before a judge or a jury and the defendant will put on their defense.

The Discovery Phase

Discovery is a formal stage that allows you and your legal team to share information with the other party and gather evidence. This could include witness testimony, details of your medical treatment and proof of losses you have suffered. Your attorney can utilize a variety of tools to assist you during discovery, including interrogatories and requests for documents. Interrogatories are written inquiries that require a written answer, while request for documents require the submission of all relevant documents that fall under the control of the parties. Requests for admission ask the other party to admit certain facts, which can save time and money since the attorneys do not have to prove these facts during trial. Depositions are live conversations with witnesses in which your attorney can question them about the incident under oath, and get their answers recorded, and then transcribed by a court reporter.

While discovery may appear to be a long, intrusive and uncomfortable process, it is a necessary step to gather the evidence needed to win your case. injury attorney federal way will be willing to go over the specifics of the discovery process with you during your free consultation. For example, if you try to hide a prior condition that has caused your injury to worsen it could be discovered in the process of discovery and then thrown out of your case.

The Negotiation Phase

The majority of injury cases seek to reach a settlement through negotiations. The process for achieving this goal is usually 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 assist in determining the amount of settlement you wish to request and assist in negotiations.

The amount of damages, including medical bills, lost wages and future losses, is an aspect that is always changing. Your injuries could get worse as time passes, which could increase your losses in the future and decrease the amount of your current losses. Your lawyer will ensure that damages are determined based upon your current injuries and the prognosis of future recovery.

Insurance companies frequently attempt to limit the amount they pay by arguing against certain aspects of your claim. This could lead to delay in settlement negotiations. However your lawyer will have strategies to help you overcome these obstacles and get the best outcome for your case. In some cases the process of negotiating an agreement can be lengthy, sometimes even for years. Numerous factors influence how long settlement negotiations will take, but knowing what to expect will make the process less stressful and more effective for you.

The Trial Phase

While the majority of cases involving injuries are resolved through settlement talks outside of the courtroom, your attorney could decide to bring your case to trial if an acceptable resolution is not attainable. This is a stressful lengthy, costly and expensive process. The jury will also have to decide if you should be paid for your injuries and in the event that they do, how much. Your lawyer must thoroughly research your case to determine the circumstances surrounding your injury, as well as the severity of damages, injuries, and costs.

At this point, your lawyer will summon witnesses as well as experts to testify and provide evidence in the form of documents, photographs and medical reports. This is known as the case-in-chief phase. The defense attorney will call witnesses to testify for counter argument, and argue that plaintiffs should not be awarded damages. The jury or judge will then take into consideration the evidence and arguments made by both parties.

The judge will explain to the jury the legal standards that must be followed in order for them to decide in favor of the plaintiff or against the defendant. This is known as jury instruction. Each side then presents its closing arguments. If the jury is unable to agree on a decision, the judge will declare the trial an unconstitutional trial. If you are not happy with the result of your trial, there could be an appeal option.

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