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Injury Litigation Injury litigation is a legal procedure that allows you to get compensation for your injuries and losses. Your lawyer will create strong evidence for your case that includes eyewitness testimony, medical documentation testimony of the defendant, expert witness opinions. Your lawyer will begin the process of filing your lawsuit. After the defendant has reacted, the case moves into an investigation of facts, also known as discovery. The Complaint Before the lawsuit can be filed, an injured party (plaintiff) must conduct pre-lawsuit discovery. This involves looking over the police accident reports, conducting informal discovery and identifying potential defendants. After the plaintiff has completed this, they can submit a summons and a complaint. The complaint describes the harm caused by the defendant's actions or his inaction. It typically includes a request for compensation for medical expenses loss of income, pain and suffering, and other damages related to their injuries. The defendant has 30 days to respond, referred to as an answer. In this response, the defendant has the option to accept or deny the allegations made in the complaint. They may also add an additional defendant from a third party or make counterclaims. During the discovery phase in the discovery phase, both sides will exchange pertinent information regarding their positions and evidence in the case. This typically includes depositions, written questions (called interrogatories) and requests for documents. This usually takes up most of the time for an action. In this stage, if there are any settlement opportunities they will be discussed. In the event that there is no settlement the case will go to trial. During this time your attorney will be able to present your argument to a judge or jury and the defendant will put on their defense. The Discovery Phase The discovery phase is a formal process that allows your legal team and the at-fault party to exchange information and collect evidence. It could include witness statements as well as details of your medical treatment, and evidence of the losses you've suffered. Your lawyer can also make use of various tools in discovery to help your case, such as interrogatories, requests for documents and depositions. Interrogatories are written inquiries that require a response written and requests for documents involve requesting all relevant documents under the control of the parties. Requests for admission are written letters to the other party, asking them to accept certain facts. This can save time and money since attorneys do not need to prove the facts at trial. Depositions are live conversations with witnesses where your attorney can interview them about the incident under oath and have their answers recorded and translated by a court reporter. Discovery may appear to be an uncomfortable, long and time-consuming process, however it is necessary to gather the evidence needed to win your injury claim. During your consultation for free your attorney will be able discuss the details of the discovery process. If you attempt to conceal a preexisting injury that worsened due to a preexisting medical condition the information could be found out during discovery and your case could be dismissed. The Negotiation Phase The majority of injury cases seek to settle through negotiations. The process of achieving this goal usually involves 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 in deciding on the number of settlements you wish to negotiate and help with negotiations. One of the difficulties of the process of settling a claim for injury is that the amount of your damages including medical expenses as well as lost income and future losses – is a constantly changing aspect. Your injuries may get worse over time. This could increase future loss or reduce the value of your current losses. Your lawyer will ensure that your damages are in line with the current condition of your injuries and a full prognosis for future recovery. Most often insurance companies try to limit their payout for claims by arguing against specific aspects of your case. This can prolong settlement negotiations however, your lawyer has strategies to help you navigate these obstacles and get the best possible outcome for your case. Negotiating an agreement may be a lengthy process that can take months or years. Negotiations can last for months or even years based on many different factors. The Trial Phase Most cases of injury are resolved without court through settlement negotiations. If there is no resolution the lawyer could decide to proceed to trial. It is a stressful, expensive and time-consuming process. The jury must also decide if you should be compensated for your injuries and in the event that they do, how much. It is therefore important for your lawyer to thoroughly research your case at this point to fully understand the extent of your injuries, the extent of your injuries, damages and expenses. Your attorney will now call witnesses and experts and present evidence, such as photographs, documents, and medical reports. This is the “case-in-chief” phase. The defense attorney will then summon witnesses to testify and argue for the reasons why the plaintiff should not be awarded damages. The judge or jury will then review the evidence and arguments made by both parties. The judge will then outline the legal requirements which must be followed for the jury to find in favor of the plaintiff and against the defendant. This is known as jury instruction. After injury law firm mesa , both sides present their closing arguments. If the jury is unable to agree on a verdict, the judge will declare that the trial a mistrial. In rare instances an appeal could be available in the event that you are unhappy with the outcome of your trial.