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Injury Litigation Injuries litigation is a legal procedure through which you can recover compensation for your injuries and losses. The lawyer representing you will utilize strong evidence to prove your case. This includes eyewitness testimony from witnesses, medical records, defendant's statements, and expert witness opinions. Your lawyer will file your lawsuit. After the defendant has reacted to the suit, it moves to the stage of fact-finding, which is known as discovery. The Complaint Before a lawsuit is filed, the injured person (plaintiff), must conduct pre-lawsuit investigations. This includes reviewing police accident reports, conducting informal discovery, and identifying potential liable parties and causes of action that could be argued against them. Once the plaintiff has done this, they are able to start a summons as well as a complaint. The complaint describes the harm caused by the defendant's actions or his inaction. It usually includes a request for compensation for the victim's medical expenses and lost income, as well as suffering and pain, and other damages that result from their injury. The defendant is then given 30 days to file a reply called an answer in which they acknowledge or deny the allegations contained in the complaint. They may also make a counterclaim or add a third-party defendant to the suit. During the discovery stage the parties will exchange pertinent information about their positions and evidence. This usually involves depositions, written questions (called interrogatories) and requests for documents. This phase typically accounts for the majority of the lawsuit timeline. During this phase, if there are any settlement options, these will be discussed. If not the case will go to trial. During this time, your attorney will tell your side before a judge or jury and the defendant will defend themselves. The Discovery Phase The discovery phase is a formal procedure that allows your legal team and the at-fault party to exchange information and gather evidence. This can include witness statements, information about your medical treatment and proof of the losses you have incurred. Your attorney may also employ several different tools during discovery to aid your case, such as interrogatories, requests for documentation and depositions. 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 party to acknowledge certain facts, which can save time and money since the attorneys do not have to prove these uncontested facts during trial. Depositions are live, in-person interviews with witnesses. During these interviews, your attorney can ask them questions regarding the incident while under the oath. Their answers will be recorded and then transcribed. Discovery may appear to be an uncomfortable, long and invasive process, but it's necessary to collect the evidence you need to win your injury claim. Your lawyer will be willing to go over the specifics of the discovery process with you during your free consultation. If you attempt to conceal a preexisting injury that worsened due to a preexisting medical condition The information could be discovered during discovery and your case could be thrown out. The Negotiation Phase The majority of cases involving injuries aim to settle through negotiations. This process usually involves an exchange of back-and to and back-and-forth between your lawyer as well as that of 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 in deciding on the amount of settlement that you want to seek and assist in negotiations. The amount of damages, which includes medical bills, lost wages, and future loss, is a factor that changes. Your injuries could worsen over time. This could result in a rise in future losses or decrease the value of your current losses. injury lawsuit lynn will ensure that your damages are determined by the current state of your injuries, and provide a complete outlook for future recovery. Insurance companies usually try to limit their payout by arguing against certain aspects of your claim. This can result in delay in settlement negotiations. However, your lawyer can provide strategies to help you overcome these obstacles and achieve the best possible result for your case. In certain cases the process of negotiating an agreement could take months or even years. Negotiations can take months or even years based on many factors. The Trial Phase While the majority of injuries cases are resolved by settlement negotiations outside of court, your lawyer may choose to take your case to trial if an acceptable resolution is not attainable. This is a stressful, expensive and time-consuming process. The jury also has to decide if the defendant should be held accountable for your injuries and what amount of compensation you are entitled to. It is crucial for your lawyer to thoroughly investigate your case at this stage to fully understand the nature of your injuries, the extent of your injuries, damages and expenses. Your attorney will now call witnesses and experts, and will present physical evidence, such as photos documents, medical reports. This is the “case-in-chief” phase. The defense attorney will call witnesses to testify and argue as to why the plaintiff shouldn't be awarded damages. The jury or judge weighs the evidence and arguments of both parties. The judge will then explain the legal requirements that must be met for the jury to find for the plaintiff and against the defendant. This is known as jury instruction. Each side will then present its closing arguments. If the jury is unable to agree on a verdict and the judge declares a mistrial. If you're not satisfied with the result of your trial, there may be a right to appeal.