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Injury Litigation Injury litigation is the legal process that allows you to seek compensation for your losses and injuries. Your injury attorney will build strong evidence for your case, including eyewitness testimony, medical documentation testimony of the defendant, expert witness opinions. Your lawyer will then file your lawsuit. After the defendant has replied to your lawsuit, the case goes into the stage of fact-finding, which is known as discovery. The Complaint Before a lawsuit is filed the person who was injured (plaintiff) must conduct a pre-lawsuit investigations. This includes reviewing accident reports, conducting informal discovery, and identifying parties that could be liable and legal remedies that can be brought against them. After the plaintiff has completed this, they can submit a summons and a complaint. The complaint describes the harm caused by the defendant's or his actions. It typically contains a request for compensation to compensate the victim for their injuries, 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 has the option to acknowledge or deny the allegations made in the complaint. They may also add an additional defendant from a third party or file a counterclaim. During the discovery phase where both sides exchange relevant information about their positions and the evidence they have in the case. This typically includes depositions, written questions (called interrogatories), and requests for documents. This usually takes up the majority of the timeline for the lawsuit. If settlement opportunities are available they will be made during this period. In the event that there is no settlement, the case will progress to trial. During this time the attorney will present your story to a jury or judge and the defendant will defend themselves. 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. This may include witness statements, information about your medical treatment and proof of the losses that you have suffered. Your lawyer may also employ various tools during discovery to aid your case, including interrogatories, requests for documentation and depositions. Requests for documents are essentially requests to supply all relevant documentation that are within each party's control. Interrogatories require written responses. Requests for admissions ask the other party to accept certain facts, which can save time and money as attorneys do not need to prove these uncontested facts during trial. Depositions are recorded interviews with witnesses in which your attorney can inquire about the incident under oath. have their answers recorded and transcribed by a court reporter. Discovery can be an uncomfortable, lengthy and invasive process, but it is essential to collect the evidence you require to win your injury claim. Your lawyer will be able to discuss the specifics of the discovery process with you during your free consultation. If you try to hide a preexisting injury that worsened due to a medical condition that was already present This information could be discovered during discovery and your case could be dismissed. The Negotiation Phase Most injury cases aim to settle the case through negotiations. The process for achieving this goal is usually an exchange of information between your lawyer and the responsible party's insurance company. This may include informal conversations/correspondence (by phone, in meetings, by email) where the parties trade offers and counter-offers. injury lawyer lynn can help decide on a number to ask for your settlement, and then assist in negotiations. The amount of damage, which includes medical bills, lost wages and future losses, is a variable that is dynamic. Your injuries can get worse over time. This could lead to a rise in future losses or diminish the value of your current losses. Your lawyer will ensure that your damages are in line with the current condition of your injuries as well as an accurate prognosis for your future recovery. In many cases, insurance companies are trying to limit the amount they pay for claims by arguing against certain elements of your case. This could result in delays in settlement negotiations. However, your lawyer has strategies to assist you in overcoming these obstacles and achieve the best possible result for your case. In certain cases, the process of negotiating an agreement can be lengthy, sometimes even for years. Many factors affect how long settlement negotiations take, but knowing what to expect can make the process less stressful and more efficient for you. The Trial Phase The majority of injury cases are resolved without court through settlement negotiations. If an agreement is not reached your lawyer might decide to bring the case to trial. This can be a stressful long, expensive and costly process. The jury must also decide if you should be compensated for your injuries, and if so, how much. It is therefore crucial for your lawyer to thoroughly investigate your case at this point to fully understand the nature of your injuries and the severity of your injuries, damages and costs. At this moment, your lawyer will call witnesses as well as experts to testify and present physical evidence such as photographs, documents and medical reports. This is the “case-in-chief” phase. The defense attorney will call witnesses to testify on behalf of a argument against the plaintiff, and argue that plaintiffs shouldn't be awarded damages. The judge or jury then decides on the arguments and evidence of both parties. The judge will then explain 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 then presents its closing arguments. If the jury is unable to agree on a final verdict, the judge will declare that the trial is an unconstitutional trial. In rare instances an appeal could be available if you are not satisfied with the outcome of your trial.