Injury Litigation
Injury litigation is a legal procedure that allows you to get compensation for your injuries and losses. Your injury lawyer will use strong evidence to prove your case, including eyewitness testimony from witnesses, medical records defense counsel's statements, defendant's testimony, and expert witness opinions.
Your lawyer will bring your lawsuit. When the defendant has responded and the case is moved to an inquiry stage known as discovery.
The Complaint
Before a lawsuit is filed the person who was injured (plaintiff), must conduct pre-lawsuit investigations. This includes studying police accident reports, conducting informal discovery, and identifying potential liable parties.
The plaintiff then has the option of filing a summons with a complaint. The complaint is a formal declaration of the party who is being sued, and describes the harm caused by the defendant's conduct or lack thereof. It typically includes a demand to recover damages for the victim's injuries, including medical bills loss of wages along with pain and suffering and other damages.
The defendant will then have 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 the suit.
During the discovery phase in the discovery phase, both sides will exchange relevant information about their positions and evidence in the case. This typically includes depositions, written questions (called interrogatories), and requests for documents. This is typically the majority of the timeframe for a lawsuit. If there are settlement opportunities they will be made during this time. If not the case will go to trial. During this time, your attorney will provide your side of the story to a jury or judge and the defendant will take on their defense.
The Discovery Phase
Discovery is a formal phase that permits you and your legal team to share information with the other party and collect evidence. It could include witness statements, details about your medical treatment and proof of the expenses you've suffered. Your attorney may use a variety tools to help you during discovery, such as interrogatories or requests for documents. injury lawyer olathe for documents are essentially requests to provide all relevant documents that is under each party's control. Interrogatories require written responses. Requests for admission are written demands to the other party, asking them to accept certain facts. This can cut down on time and money as the attorneys don't have to prove their case in court. Depositions are live recordings of witnesses, where the attorney can inquire about the incident under oath, and get their answers recorded, and then transcribed by a court reporter.
Discovery can be an uncomfortable, long and intrusive process, but it is essential to collect the evidence required to prove your injury claim. Your lawyer will be capable of discussing the details of the discovery process in your free consultation. If you try to hide an injury that has already been aggravated due to a medical condition that was already present, this information may be found out during discovery and your case could be dismissed.
The Negotiation Phase
Negotiating a settlement is the primary goal in most injury cases. This 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 you in determining the amount of settlement that you want to request and assist in negotiations.
The amount of damages, which includes medical bills, lost wages and future loss, is a factor that is dynamic. Your injuries may get worse over time. This could result in a rise in future losses or diminish the value of your current losses. Your attorney will work to ensure that your damages are dependent on the current condition of your injuries as well as an accurate prognosis for your future recovery.
Insurance companies typically attempt to limit their payout by challenging certain elements of your claim. This can lead to a delay in settlement negotiations. However, your lawyer has strategies to help you overcome these obstacles to get the best possible result for your case. The process of negotiating an agreement can take months or even years. Negotiations can last for months or even years depending on many factors.
The Trial Phase
Most cases of injury are resolved outside of court through settlement negotiations. However, if there is no resolution your lawyer might decide to bring the case to trial. This can be a stressful, expensive and time-consuming procedure. The jury will also have to decide if you should be compensated for your injuries, and If so, what amount. Your lawyer should investigate your case to determine the circumstances of your injury, the extent of the injuries, damages and costs.
At this point, your lawyer will call witnesses and experts to testify, and present evidence of physical nature, such as documents, photographs and medical reports. This is the "case-in-chief" phase. The defense attorney will then summon witnesses to testify and argue as to why the plaintiff should not be awarded damages. The judge or jury decides on the arguments and evidence of both parties.
The judge will then go over the legal requirements that must be met for the jury to decide in favor of 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 reach a consensus and the judge declares a mistrial. In rare instances appeals might be available if you're not satisfied with the result of your trial.