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Injury Litigation Injury litigation is a legal process by which you can seek compensation for your losses and losses. Your injury lawyer will use strong evidence to prove your case, including eyewitness testimony, medical records defense counsel's statements, defendant's testimony, and expert witness opinions. Your lawyer will then submit your lawsuit. When the defendant has responded and the case is moved to the discovery phase, which is a process of finding facts. injury lawyer tustin Before a lawsuit can be filed, the injured person (plaintiff) must conduct pre-lawsuit discovery. This involves reviewing police accident reports, conducting informal discovery, and identifying potentially liable parties and the possible legal remedies that can be filed against them. The plaintiff is then able to file an order with a complaint. The complaint identifies the person who is being sued. It also exposes the harm caused by the defendant's actions or inaction. The typical complaint will include a demand for compensation for the victim's medical bills and lost income, as well as suffering and pain, as well as other damages related to their injuries. The defendant then has 30 days to file a response, known as an answer in which they either admit or deny the allegations contained in the complaint. They can also file an additional counterclaim or add a third-party defendant to the suit. During the discovery phase during the discovery phase, both parties will share relevant information regarding their positions and evidence. This usually includes depositions, written questions (called interrogatories) and requests for documents. This usually accounts for the major portion of the litigation timeline. If there are settlement possibilities they will be made during this time. In the event that there is no settlement the case will go to trial. During this period the attorney will explain your perspective to a jury or judge and the defendant will put on their defense. The Discovery Phase Discovery is a formal phase that allows you and your legal team to share information with the other party and gather evidence. This could include witness statements, information about your medical treatment as well as proof of the damages you've incurred. Your lawyer can also make use of various tools in discovery to help your case, such as interrogatories, requests for documentation and depositions. Requests for documents are essentially requests to provide all relevant documents that are within each party's control. Interrogatories require written responses. Requests for admission are written demands to the other party asking them to admit certain facts. This could save time and money since attorneys do not have to prove the facts at trial. Depositions are recorded interviews with witnesses where your attorney is able to interview them about the incident under oath, and have their answers recorded and translated by a court reporter. Although discovery can seem like a lengthy unpleasant, time-consuming and uncomfortable process however, it is an essential step to gather the evidence you need to win your injury claim. Your attorney will be in a position to discuss the details of the discovery process with you during your no-cost consultation. For instance, if you try to hide a prior condition that has caused your injury to worsen and this information is discovered during the discovery process and dismissed from your case. The Negotiation Phase Most cases of injury aim to settle the case through negotiation. This process usually involves an exchange of information back and to and back-and-forth between your lawyer as well as 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 help you in deciding on the number of settlements you would like to request and assist in negotiations. One of the biggest challenges in settling an injury claim is that the amount you are owed – including your medical bills, lost income, and future losses – is an evolving aspect. Your injuries could worsen over time. This could increase future losses or decrease the value of your current losses. Your attorney will work to ensure that your damages are dependent on the current condition of your injuries and an accurate prognosis for your future recovery. Insurance companies usually attempt to limit the amount they pay by arguing about certain aspects of your claim. This can cause delays in settlement negotiations however, your lawyer can provide strategies to help you navigate these obstacles and get the most favorable outcome for your case. Negotiating an agreement can sometimes take a long time or even years. Negotiations can take several months or even years, depending on various factors. The Trial Phase While the majority of cases involving injuries are resolved through settlement negotiations outside of the courtroom, your attorney might choose to take your case to trial if a fair resolution is not attainable. It is a stressful lengthy, costly and expensive procedure. The jury also has to decide whether the defendant should be accountable for your injuries, and what amount of compensation you are entitled to. It is therefore crucial for your lawyer to conduct a thorough investigation of your case prior to the trial to fully comprehend the nature of your injuries and the extent of your injuries, the damages and costs. Your attorney will now call witnesses and experts, and will present physical evidence, such as photos, documents, and medical reports. This is the “case-in-chief” phase. The defense attorney will call witnesses to testify as a argument against the plaintiff and argue that the plaintiff should not be entitled to damages. The judge or jury will then consider the evidence and arguments made by both parties. The judge will then explain the legal requirements to be met in order for the jury to rule in favor of the plaintiff and against the defendant. This is known as jury instruction. Each side then presents its closing arguments. If the jury cannot reach an agreement on a verdict, the judge will declare that the trial a mistrial. If you're not satisfied with the outcome of your trial, there might be an appeal available.