Injury Litigation
Injury litigation is a legal process that allows you to get compensation for your injuries and losses. Your lawyer for injury will make use of strong evidence to support your case, such as eyewitness testimony, medical records in the form of statements from the defendant, as well as expert witness opinions.
Your lawyer will bring your lawsuit. After the defendant has reacted, the case moves into a stage of fact-finding called discovery.
The Complaint
Before the lawsuit can be filed, the injured party (plaintiff) must conduct pre-lawsuit discovery. This includes reviewing police accident reports and conducting informal discovery and identifying potential liable parties and the possible causes of action that can be argued against them.
The plaintiff then has the option of filing a summons with a complaint. The complaint details the damage caused by the defendant's action or his actions. It usually includes a request for compensation for the victim's medical bills loss of income, suffering and pain, and other damages related to their injury.
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 can also include a third party defendant or make an appeal.
During the discovery phase, both sides will exchange relevant information about their respective positions and evidence in the case. This typically includes depositions, written questions (called interrogatories), and requests for documents. This typically comprises the major portion of the litigation timeline. If there are settlement opportunities they will be made during this time. The case will then go to trial if there's no settlement. During this period your lawyer will explain your side of the tale to a jury or judge and the defendant will defend themselves.
The Discovery Phase
Discovery is a formal procedure that permits you and your legal team to share information with the other party and collect evidence. This could include witness testimony, details of the treatment you received from your doctor, and evidence of losses you've suffered. Your attorney may also employ several different tools in discovery to help your case, including interrogatories and requests for documents and depositions. Requests for documentation are requests to provide all relevant documents that are within each party's control. Interrogatories require written responses. Requests for admission are written demands to the other side asking for their admission to certain facts. This can cut down on time and money since attorneys do not need to prove the facts at trial. Depositions are live conversations with witnesses in which your attorney can inquire about the incident under oath. They will get their answers recorded and translated by a court reporter.
While it might appear to be a long unpleasant, time-consuming and uncomfortable process but it is an essential step to gather the evidence you need for winning your injury case. During your free consultation the attorney can discuss the details of the discovery process. For injury attorney north carolina , if you try to hide a preexisting condition that has caused your injury to worsen it could be discovered in the process of discovery and dismissed from your case.
The Negotiation Phase
The negotiation of a settlement is the goal of most lawsuits involving injuries. The process to achieve this goal typically involves an exchange of information 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 you in deciding the amount of settlement that you want to seek and assist with negotiations.
One of the difficulties of the process of settling an injury case is that the amount you are owed (including medical bills or lost income as well as future losses - can be a volatile aspect. Your injuries could get worse over time. This could increase future losses or reduce the value of your current losses. Your lawyer will ensure that damages are determined based upon your current injuries and your prognosis for future recovery.
Insurance companies frequently attempt to limit the amount they pay by arguing about certain aspects of your claim. This could result in a delay in settlement negotiations. However your lawyer will have strategies that will help you overcome these hurdles and obtain the best outcome for your case. Negotiating an agreement can sometimes take months or years. Many factors affect how long settlement negotiations will take, but knowing what to expect can make the process easier and more efficient for you.
The Trial Phase
Although the majority of injury cases are resolved by settlement negotiations outside of the courtroom, your attorney could decide to take your case to trial if a fair resolution is not reached. This can be a costly lengthy and time-consuming procedure that can be stressful. The jury will also have to decide if you should be compensated for your injuries and should they, if so, in what amount. Your lawyer must thoroughly research your case to understand the circumstances of your injuries, the amount of injuries, damages, and costs.
At this moment, your lawyer will call witnesses and 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 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 put forward by both sides.
The judge will explain to the jury the legal requirements that must be adhered to in order to decide in favor of the plaintiff or against the defendant. This is known as jury instruction. Then, each side presents their closing arguments. If the jury fails to reach a consensus, the judge will declare a mistrial. In some rare instances appeals might be available if you're not satisfied with the results of your trial.