• 목록
• 답변
• 글쓰기
• 게시판 리스트 옵션
  • 수정
  • 삭제

Injury Litigation

The legal procedure that allows you to recover compensation for your losses and injuries. Your injury lawyer will develop solid evidence for your case that includes eyewitness testimony as well as statements of the defendant and expert witness opinions.

Your lawyer will then submit your lawsuit. After the defendant responds, the case enters the discovery phase, which is a process of finding facts.

The Complaint

Before a 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 any potentially liable parties and possible causes of action that can be asserted against them.

After the plaintiff has completed this, they can file a summons and complaint. The complaint details the damages caused by the defendant's actions or his inaction. The typical complaint will include a demand for compensation for the victim's medical expenses loss of income, pain and suffering, and other damages that result from their injury.

The defendant then has 30 days to file a response or answer or answer, in which they accept or deny the allegations in the complaint. They can also add an additional defendant, or make a counterclaim.

During the discovery phase the parties will exchange pertinent information about their positions and the evidence. This involves depositions (also known as interrogatories) as well as written questions (also known as interrogatories), injury lawyer as well as requests for documents. This phase typically accounts for the most of the timeline for lawsuits. If there are settlement options they will be made during this time. The case will go to trial if there is no settlement. In this time your lawyer will present your story to a jury or judge and the defendant will defend themselves.

The Discovery Phase

Discovery is a formal process that permits you and your legal team to share information with the other party and collect evidence. This may include witness statements, information about your medical treatment and proof of the losses you've incurred. Your attorney will have access to a variety of tools to assist you during discovery, including interrogatories and requests for documents. Interrogatories are written inquiries which require a response in writing while requests for documents involves requesting all relevant documentation that is under the control of each party. Requests for admission require the other party to acknowledge certain facts. This can help save time and money because lawyers do not have to prove the facts uncontested at trial. Depositions are live discussions with witnesses. During these interviews, your attorney can ask them questions regarding the incident under an oath. Their responses will be recorded and injury lawyer transcribed.

Although it may appear to be a long painful, invasive and uncomfortable process but it is an essential step to gather the evidence you need to win your injury lawsuits case. Your attorney will be willing to go over the specifics of the discovery process in your free consultation. If you attempt to conceal an injury that is preexisting and has gotten worse due to a preexisting medical condition, this information may be found out during discovery and your case could be dismissed.

The Negotiation Phase

The majority of injury cases seek to settle through negotiation. The process to achieve 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 you decide on the number you want to ask for your settlement and assist in negotiations.

One of the biggest challenges in the process of settling a claim for injury is that the amount of your damages including medical expenses or lost income as well as future losses - is an evolving factor. Your injuries could worsen over time. This could cause further losses or diminish the value of current losses. Your attorney will ensure that your damages are determined based on the severity of your injuries and the likelihood of the future recovery.

Insurance companies frequently attempt to limit the amount they pay by arguing against certain aspects of your claim. This can prolong settlement negotiations however, your lawyer can provide strategies to help you overcome these challenges and reach the most favorable outcome for your case. In certain cases negotiations to reach an agreement can take months or even years. Many factors affect how long settlement negotiations last, but understanding what to expect can make the process easier and more efficient for you.

The Trial Phase

While the majority of injuries cases are resolved through settlement negotiations, which are not in court, your attorney may decide to bring your case to trial if a fair solution is not reached. This can be a costly lengthy and time-consuming procedure that can be stressful. The jury also has to decide whether the defendant is accountable for your injuries, and the amount you will receive. Your lawyer must thoroughly investigate your case in order to understand the circumstances of your injury, the extent of damages, injuries and costs.

At this point, your lawyer will call witnesses and experts to testify and provide evidence physical such as documents, photographs and medical reports. This is referred to as the case-in­-chief phase. The defense attorney will then call witnesses to testify in rebuttal and argue for the reasons why the plaintiff should not be awarded damages. The judge or jury will then take into consideration the evidence and arguments put forward by both parties.

The judge will explain to the jury the legal standards that must be adhered to in order for them to decide in the favor of plaintiff or against defendant. This is known as jury instruction. Each side then presents its closing arguments. If the jury fails to reach a consensus and the judge declares a mistrial. In some cases appeals may be available in the event that you are not satisfied with the results of your trial.