Injury Litigation
Injury litigation is the legal procedure which allows you to claim compensation for your losses and injuries. Your injury lawyer will use strong evidence to prove your case, such as eyewitness testimonies, medical documentation, defendant's statements, and expert witness opinions.
Your lawyer will then file your lawsuit. Once the defendant has responded to the lawsuit, the case moves to an inquiry stage known as discovery.
The Complaint
Before a lawsuit is filed, an injured person (plaintiff) must conduct pre-lawsuit discovery. This involves reviewing police accident reports and conducting informal discovery and identifying any potentially liable parties and the possible causes of action that may be filed against them.
The plaintiff may then file an accusation and summons. The complaint details the damages caused by the defendant's action or his inaction. It usually includes a request for compensation for the victim's medical bills loss of income, suffering and pain, and other damages arising from their injury.
The defendant has 30 days to respond, referred to as an answer. In this response, the defendant is able to admit or deny any allegations made in the complaint. They may also include a third party defendant or make an appeal.
During injury lawsuit fort worth will exchange relevant information regarding their positions and the evidence. This usually involves depositions, written questions (called interrogatories), and requests for documents. This phase typically accounts for the major portion of the litigation timeline. If there are settlement possibilities, they will take place during this period. The case will go to trial if there's no settlement. During this time your lawyer will provide your side of the story to a jury or judge and the defendant will take on their defense.
The Discovery Phase
The discovery phase is a formal procedure 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 the treatment you received from your doctor, and evidence of losses you've suffered. Your attorney can use several tools to help you during discovery, including interrogatories and requests for documents. Interrogatories are questions that require a written response, while request for documents involves requesting all relevant documentation under the control of the parties. Requests for admission ask the other party to acknowledge certain facts, which can save time and money since the attorneys do not have to prove these undisputed facts in court. Depositions are live, in-person interviews with witnesses. Your attorney can ask them questions about the incident while under the oath. Their responses will be recorded and then transcribed.
While discovery may appear to be an lengthy process that is invasive, uncomfortable and tedious but it is an essential step to gather the evidence needed for winning your injury case. Your attorney will be capable of discussing the details of the discovery process with you during your free consultation. For instance, if try to hide a preexisting condition that your injury worsened, this information could be discovered during the discovery process and then thrown out of your case.
The Negotiation Phase
Most injury cases aim to reach a settlement through negotiation. This process usually involves an exchange of information back and forth between your lawyer and 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 in determining the amount of settlements you would like to request and assist in negotiations.
One of the issues with the process of settling a claim for injury is that the amount you are owed (including medical bills as well as lost income and future losses - is an evolving factor. Your injuries can get worse over time. This could increase future loss or reduce the value of your current losses. Your attorney will ensure that your damages are determined based on your current injuries as well as the probability of the future recovery.
Insurance companies often attempt to limit the amount they pay by arguing about certain aspects of your claim. This can result in delay in settlement negotiations. However, your lawyer has strategies to help you overcome these obstacles and achieve the best outcome for your case. In certain cases negotiations to reach an agreement could take months or even years. There are many factors that affect how long settlement negotiations last, but knowing the length to expect will make the process less stressful and more effective for you.
The Trial Phase
The majority of injury cases are resolved without court through settlement negotiations. If an agreement is not reached your lawyer could decide to proceed to trial. It is a costly and time-consuming process that can be stressful. It also requires the jury to decide if the defendant should be held liable for your injuries, and how much money you should be awarded. It is crucial for your lawyer to thoroughly investigate your case at this point to fully understand the way you were injured and the severity of your injuries, damages and expenses.
At this moment, your lawyer will call witnesses and experts to testify and provide evidence in the form of documents, photographs, and medical reports. This is known as the case-in chief phase. The defense attorney will summon witnesses to testify as a rebuttal, and argue that plaintiffs shouldn't be awarded damages. The jury or judge will then review the evidence and arguments made by both parties.
The judge will explain to jurors the legal standards that must be followed in order for them to decide in the favor of plaintiff or against defendant. This is called jury instruction. Then, each side presents their 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 not satisfied with the result of your trial.