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Injury Litigation
Injuries litigation is a legal procedure through which you can recover compensation for your injuries and losses. Your lawyer will use strong evidence to support your case, which includes eyewitness testimony from witnesses, medical records as well as the statements of the defendant and expert witness opinions.
Your lawyer will then start the lawsuit. Once injury law firm evansville has responded to the lawsuit, the case moves to an investigation stage, also known as discovery.
The Complaint
Before the lawsuit is filed, an injured person (plaintiff) must conduct pre-lawsuit discovery. This includes reading police accident reports, conducting informal discovery and identifying possible responsible parties.
The plaintiff is then able to file a summons with a complaint. The complaint details the damage caused by the defendant's or his actions. It usually includes a request for compensation for medical bills, lost income, suffering and pain, and other damages that result from their injuries.
The defendant has 30 days to respond, which is also referred to as an answer. In this response, the defendant may admit or deny any allegations made in the complaint. They can also add an additional defendant, or make a counterclaim.
During the discovery phase in the discovery phase, both sides will exchange relevant information about their respective positions and evidence in the case. This involves depositions (also called interrogatories) and written questions (also known as interrogatories) as well as requests for documents. This is usually the majority of the timeline for an action. In this stage, if there are settlement opportunities that are discussed, they will be discussed. In the event that there is no settlement the case will go to trial. During this period, your attorney will tell your side of the story before a judge or jury and the defendant will defend themselves.
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. This could include witness testimony as well as details of your medical treatment, as well as evidence of losses you've suffered. Your attorney can also use several tools during discovery to assist your case, such as interrogatories, requests for documents and depositions. Requests for documents are the requests to provide all relevant documentation that are within each party's control. Interrogatories require written responses. Requests for admission are written demands to the other party asking for their admission to certain facts. This can save time and cost as the attorneys don't need to prove their claims at trial. Depositions are live interviews with witnesses. During these interviews, your attorney can ask them questions regarding the incident while under the oath. Their responses will be recorded and then transcribed.
Discovery may appear to be an uncomfortable, long and intrusive process, but it is essential to collect the evidence required to prove your injury claim. Your attorney will be willing to go over the specifics of the discovery process with you during your complimentary consultation. If you try to hide an injury that has already been aggravated due to a preexisting medical condition, this information may be discovered during discovery and your case could be dismissed.
The Negotiation Phase
Most injury cases aim to settle through negotiation. The process to achieve this goal usually involves a back-and-forth exchange 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. Your lawyer can assist you decide on a number to demand your settlement, and then assist in negotiations.
The amount of damages, which includes medical bills, lost wages and future losses, is a factor that changes. The severity of your injuries could increase over time, which may increase the amount of your future losses and reduce the value of your current losses. Your lawyer will ensure that damages are determined based upon your current injuries and your prognosis for the future recovery.
Insurance companies often try to limit their payout by disputing certain elements of your claim. This can delay settlement negotiations however, your lawyer can provide strategies to help you get through these difficulties and achieve the most favorable outcome for your case. Negotiating an agreement can sometimes take months or years. Negotiations can take months or even a whole year based on a variety of factors.
The Trial Phase
Most cases involving injuries are settled outside of court through settlement negotiations. However, if the resolution isn't reached the lawyer could decide to take the case to trial. This is an expensive lengthy and time-consuming procedure that can be stressful. The jury will also have to decide if you should be paid for your injuries and if so, how much. Therefore, it is essential for your lawyer to conduct a thorough investigation of your case at this point to fully understand the extent of your injuries, the extent of your injuries, damages and costs.
Your attorney will now call witnesses and experts, and will 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 argument against the plaintiff, and argue that the plaintiff should not be entitled to damages. The judge or jury then weighs the evidence and arguments of both parties.
The judge will explain to jurors the legal standards that must be adhered to in order to decide in the favor of plaintiffs or against defendants. This is known as jury instruction. Then, each side presents their closing arguments. If the jury is unable to reach a consensus on a verdict then the judge declares a mistrial. In some rare instances appeals may be available if not satisfied with the outcome of your trial.