Injury Litigation
Injury litigation is a legal procedure through which you can seek compensation for your losses and losses. Your lawyer for injury will construct strong evidence in your case that includes eyewitness testimony, medical records in the form of defendant statements, expert witness opinions.
Your lawyer will then start the lawsuit. After the defendant responds, the case enters the discovery phase, which is a process of finding facts.
The Complaint
Before a lawsuit is filed the person who was injured (plaintiff), must conduct an investigation prior to filing a lawsuit. This involves looking over police accident reports, making informal discovery and identifying responsible parties.
The plaintiff is then able to file a summons along with a complaint. The complaint outlines the harm caused by the defendant's actions or his inaction. It typically includes a demand to seek damages for injuries suffered by the victim, including medical bills as well as lost wages or income, as well as pain and other damages.
The defendant will then have 30 days to file a response which is referred to as an answer in which they either admit or deny the allegations contained in the complaint. They may also make a counterclaim or add a third-party defendant to the suit.
During the discovery stage in the discovery stage, both parties exchange relevant information regarding their positions and evidence. This involves depositions (also called interrogatories) as well as written questions (also known as interrogatories), as well as requests for documents. This is usually the majority of the timeline for the lawsuit. If there are settlement options they will be made during this time. Otherwise, the case will progress to trial. During this time your lawyer will explain your side of the story before a judge or a jury and the defendant will take on their defense.
The Discovery Phase
The discovery phase is a formal process that permits your legal team and the party at fault to exchange information and gather evidence. This can include witness testimony or details of your medical treatment and proof of losses you have suffered. injury lawyer pittsburgh may also employ several different tools during discovery to help your case, such as interrogatories, requests for documents and depositions. Requests for documentation are requests to provide all relevant documentation that is within the respective parties' control. Interrogatories require written responses. Requests for admission are written letters to the other party asking for their admission to certain facts. This will save time and money since attorneys do not have to prove their case in court. Depositions are live conversations with witnesses, where the attorney can inquire about the incident under oath and have their answers recorded, and then transcribed by a court reporter.
Although it may seem like a long painful, invasive and uncomfortable process but it is an essential step to gather the evidence required to win your injury case. During your free consultation your attorney will be able to discuss the details of the discovery process. If you attempt to conceal an injury that has already been aggravated due to a medical condition that was already present, this information may be discovered during discovery and your case could be thrown out.
The Negotiation Phase
Most cases of injury aim to settle the case through negotiation. This process usually involves a exchange of back and 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 help you choose the appropriate number to ask for your settlement and assist in negotiations.
The amount of damages, including medical bills, lost wages and future loss, is a factor that is constantly changing. 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 your damages are determined based on your current injuries and your prognosis for future recovery.
Often insurance companies try to limit their payout for claims by arguing against certain elements of your case. This can lead to a delay in settlement negotiations. However, your lawyer will have strategies that will assist you in overcoming these obstacles and get the best possible result for your case. In some instances, the process of negotiating an agreement can take months or even years. Many factors affect how long settlement negotiations be, but knowing what to expect can make the process less stressful and more efficient for you.
The Trial Phase
Most injury cases are resolved outside of court through settlement negotiations. If a resolution is not reached the lawyer could decide to proceed to trial. It is a costly lengthy and time-consuming procedure that can be stressful. The jury also has to decide whether the defendant is accountable for your injuries and what amount of compensation you will receive. Your lawyer must thoroughly investigate your case to determine the circumstances surrounding your injury, the extent of injuries, damages, and costs.
Your lawyer will now call witnesses and experts and present evidence, such as photographs, documents, and medical reports. This is known as the case-in chief phase. The defense attorney will summon witnesses to testify and argue why the plaintiff should not be awarded damages. The jury or judge will then review the evidence and arguments presented by both sides.
The judge will explain to jurors the legal standards that must be adhered to in order to make a decision in favor of plaintiffs or against defendants. This is known as jury instruction. Each side will then present its closing arguments. If the jury is unable to agree on a verdict the judge will declare that the trial is an unconstitutional trial. In rare instances appeals may be available if you are not satisfied with the outcome of your trial.