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Injury Litigation Legally, it is a procedure that allows you to seek compensation for your losses and losses. Your injury lawyer will use strong evidence to prove your case. This includes eyewitness testimony from witnesses, medical records defense counsel's statements, defendant's testimony, and expert witness opinions. Your lawyer will bring your lawsuit. After the defendant has reacted to the suit, it moves to the stage of fact-finding, which is known as discovery. The Complaint Before a lawsuit is filed the person who has been injured (plaintiff), must conduct an investigation prior to the filing of a lawsuit. This involves studying the police accident reports, conducting informal discovery and identifying liable parties. The plaintiff can then file an accusation and summons. The complaint details the damage caused by the defendant or his actions. It typically includes a demand for damages to compensate the victim for their 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 admit or deny the allegations in the complaint. injury attorney west jordan can also file counterclaims or add a third-party defendant to the suit. During the discovery phase where both sides exchange relevant information about their positions and evidence in the case. This usually involves depositions, written questions (called interrogatories) and requests for documents. This phase typically accounts for the most of the timeline for lawsuits. If there are any settlement possibilities the possibility of settlement will be discussed. In the event that there is no settlement the case will go to trial. In this time the attorney will present your side before a judge or jury and the defendant will defend themselves. The Discovery Phase The discovery phase is a formal procedure that permits your legal team and the party at fault to exchange information and collect evidence. It could include witness statements and details about your medical treatment, and evidence of losses you've suffered. Your attorney can use several tools to assist you during discovery, such as interrogatories and requests for documents. Interrogatories are written inquiries that require a response written as well as requests for documents involves requesting all relevant documentation that is under the control of the parties. Requests for admission ask the other party to admit certain facts. This can save time and money since lawyers do not have to prove the facts uncontested in court. Depositions are live conversations with witnesses. Your attorney can ask them questions regarding the incident while under an oath. Their responses will be recorded and then transcribed. Although it may seem like a lengthy unpleasant, time-consuming and uncomfortable process but it is an essential step to gather the evidence necessary to win your injury case. Your lawyer will be willing to go over the specifics of the discovery process with you during your no-cost consultation. If you attempt to conceal an injury that is preexisting and has gotten worse due to a preexisting medical condition the information could be discovered during the process of discovery and your case could be dismissed. The Negotiation Phase Most cases of injury aim to settle the case through negotiation. This process usually involves a back and forth between your lawyer and the responsible party's insurer. 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 the amount of settlements you wish to demand and then help in negotiations. The amount of damages, including medical bills, lost wages and future losses, is an aspect that is always changing. Your injuries may worsen over time, which may increase your future losses, and reduce the value of your current losses. Your attorney will work to ensure that your damages are based on the current state of your injuries as well as an accurate prediction of your future recovery. A lot of times, insurance companies are trying to limit the amount they pay for claims by arguing against specific aspects of your case. This can prolong settlement negotiations, but your lawyer has strategies to help you get through these issues and get the most favorable outcome for your case. In some cases, the process of negotiating an agreement could take months or even years. Numerous factors influence how long settlement negotiations will last, but knowing the length to expect will make the process less stressful and more efficient for you. The Trial Phase While the majority of injuries cases are resolved through settlement negotiations outside of the courtroom, your attorney could choose to take your case to trial if a satisfactory resolution is not attainable. It is a stressful long, expensive and costly procedure. It also requires the jury to decide if the defendant should be accountable for your injuries and what amount of compensation you should be awarded. Your lawyer should investigate your case in order to understand the circumstances surrounding your injury, as well as the severity of damages, injuries and the costs. Your lawyer will now call witnesses and experts and present evidence, such as photographs or documents as well as medical reports. This is the “case-in-chief” phase. The defense attorney will summon witnesses to testify in rebuttal, and argue that plaintiffs shouldn't be awarded damages. The jury or judge will then consider the evidence and arguments presented by both sides. The judge will then outline the legal requirements that must be met for the jury to find in favor of the plaintiff and against the defendant. This is known as jury instruction. Each side then makes its closing arguments. If the jury cannot reach an agreement on a verdict the judge will declare that the trial a mistrial. In some rare cases an appeal could be available if you are unhappy with the outcome of your trial.