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Injury Litigation Injuries litigation is a legal procedure through which you can recover compensation for your injuries and losses. The lawyer representing you will utilize strong evidence to prove your case, including eyewitness testimony from witnesses, medical records, defendant's statements, and expert witness opinions. Your lawyer will file your lawsuit. After the defendant has responded to the suit, it moves to the stage of fact-finding, which is known as discovery. The Complaint Before a lawsuit can be filed, the injured party (plaintiff) must conduct pre-lawsuit discovery. This involves looking over police accident reports, making informal discovery and identifying potential at-fault parties. Once the plaintiff has done this, they can start a summons as well as a complaint. The complaint is a formal declaration of the party who is being sued and exposes the harm caused by the defendant's conduct or inaction. It usually includes a request to seek damages to compensate the victim for their injuries, including medical bills, lost wages along with pain and suffering and other damages. injury lawsuit redding has 30 days to file a reply which is referred to as an answer or answer, in which they accept or deny the allegations made in the complaint. They may also make counterclaims or add a third-party defendant the suit. During the discovery phase in the discovery stage, both parties exchange relevant information regarding their positions and the evidence. This usually includes depositions, written questions (called interrogatories), and requests for documents. This usually takes up the majority of the timeframe for a lawsuit. If there are settlement opportunities, they will take place during this period. If not the case will proceed to trial. In this time the attorney will present your side of the story to a jury or judge and the defendant will defend themselves. The Discovery Phase The discovery phase is a formal process that allows your legal team and the at-fault party to exchange information and collect evidence. This may include witness statements, details regarding your medical treatment, and evidence of the losses you've incurred. Your attorney can also use several different tools during discovery to help your case, including interrogatories, documents requests and depositions. Interrogatories are written inquiries that require a written response, while request for documents require the submission of all relevant documentation that is under the control of the parties. Requests for admission require the other party to acknowledge certain facts. This could save time and money since the attorneys do not have to prove the facts uncontested in court. Depositions are recorded interviews with witnesses where your attorney can interview them about the incident under oath, and have their answers recorded and transcribed by a court reporter. While discovery may appear to be an lengthy process that is invasive, uncomfortable and tedious, it is a necessary step to gather the evidence necessary to win your injury claim. Your attorney will be capable of discussing the details of the discovery process in your free consultation. If you try to hide an injury that is preexisting and has gotten worse due to a medical condition that was already present The information could be discovered during discovery and your case could be thrown out. The Negotiation Phase A settlement that is negotiated is the primary goal in most injury cases. This process usually involves an exchange of information back and to and back-and-forth between your lawyer as well as the insurer of the party who is responsible. 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 in deciding the amount of settlement that you want to demand and then help with negotiations. The amount of damages, including medical bills, lost wages and future losses, is a variable that is dynamic. Your injuries may worsen over time, which may increase the amount of 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, and provide an accurate prediction of your future recovery. Insurance companies often attempt to limit the amount they pay by arguing against certain aspects of your claim. This can lead to an inability to settle settlement negotiations. However your lawyer has strategies to assist you in overcoming these obstacles and get the best possible outcome for your case. In certain cases negotiations to reach an agreement could be a long process that can take months or even years. Negotiations can last for months or even a whole year based on many different factors. The Trial Phase While the majority of injuries cases are resolved through settlement negotiations outside of court, your lawyer may decide to bring your case to trial if an acceptable solution is not reached. This can be a stressful, expensive and time-consuming procedure. The jury must also decide if you are paid for your injuries and in the event that they do, how much. Your lawyer should investigate your case to discover the circumstances of your injuries, the amount of damages, injuries and the costs. At this point, your attorney will summon witnesses and experts to testify and provide evidence physical such as documents, photographs, and medical reports. This is the “case-in-chief” phase. The defense attorney will then call witnesses to testify and argue for the reasons why the plaintiff should not be awarded damages. The jury or judge will then consider the evidence and arguments put forward by both parties. The judge will explain to jurors the legal standards that must be followed in order to decide in the favor of plaintiff or against defendant. This is referred to as jury instruction. Each side then gives its closing arguments. If the jury is unable agree on a verdict, the judge will declare a mistrial. In some rare instances an appeal could be available if you're unhappy with the outcome of your trial.