Injury Litigation
The process of suing for injury is a legal process by which you can get compensation for your injuries and losses. Your lawyer will use strong evidence to prove your case, such as eyewitness testimonies, medical documentation defense counsel's statements, defendant's testimony, and expert witness opinions.
Your lawyer will then begin to file your lawsuit. Once the defendant has responded to your lawsuit, the case goes into an investigation of facts, also known as discovery.
The Complaint
Before the lawsuit can be filed, the injured person (plaintiff) must conduct pre-lawsuit discovery. This includes reviewing police accident reports and conducting informal discovery and identifying potential liable parties and the possible causes of action that could be filed against them.
Once the plaintiff has done this, they are able to make a complaint and summons. The complaint describes the harm caused by the defendant's actions or his inaction. The typical complaint will include a demand to seek damages for injuries suffered by the victim, including medical bills and lost wages as well as pain and suffering, among other damages.
The defendant has 30 days to respond, which is also referred to as an answer. In this response, the defendant may accept or deny the allegations made in the complaint. They may also make a counterclaim or add a third-party defendant to the suit.
During the discovery phase where both sides exchange pertinent information regarding their positions and the evidence in the case. This usually includes depositions, written questions (called interrogatories) and requests for documents. This usually takes up the majority of the timeframe for the lawsuit. If settlement opportunities are available they will be made during this period. If not the case will go to trial. During this time your lawyer will explain your case to a jury or judge 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 collect evidence. This could include witness statements, specifics about your medical treatment and evidence of the losses you've suffered. Your attorney will have access to a variety of tools to aid you in discovery, including interrogatories and requests for documents. Requests for documentation are requests to provide all relevant documents which is within each party's control. injury lawyer orlando require written responses. Requests for admission ask the other party to accept certain facts. This could reduce time and cost since attorneys do not need to prove these uncontested facts at trial. Depositions are live interviews of witnesses where your attorney is able to interview them about the incident under oath, and have their answers recorded and transcribed by a court reporter.
Discovery can be an uncomfortable, long and intrusive process, but it is necessary to gather the evidence required to be successful in your claim for compensation. Your lawyer will be able to discuss the specifics of the discovery process with you during your no-cost consultation. For instance, if attempt to conceal a preexisting condition that your injury worsened and this information is discovered during the discovery process and thrown out of your case.
The Negotiation Phase
Negotiating a settlement is the main goal of many lawsuits involving injuries. The process for achieving this goal typically involves an exchange of information between your lawyer and the responsible party's insurance company. 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 you wish to seek and assist in negotiations.
One of the biggest challenges in the process of settling an injury case is that the amount you are owed including medical expenses, lost income, and future losses - is a constantly changing factor. Your injuries may worsen over time, which can increase your future losses, and reduce the amount of your current losses. Your attorney will ensure that your damages are determined based on the severity of your injuries and the prognosis of the future recovery.
Most often insurance companies are trying to limit their payouts for claims by arguing against some elements of your case. This can lead to delay in settlement negotiations. However your lawyer can provide strategies to help you overcome these obstacles and achieve the best possible result for your case. Negotiating an agreement can sometimes take months or even years. There are many factors that affect the length of time that settlement negotiations be, but knowing what to expect will make the process less stressful and more efficient for you.
The Trial Phase
While most injury cases are resolved through settlement negotiations, which are not in the courtroom, your attorney might decide to bring your case to trial if a fair resolution is not attainable. It is a stressful costly and time-consuming process. The jury also has to decide if the defendant should be held liable for your injuries, and what amount of compensation you are entitled to. It is therefore important for your lawyer to conduct thorough research on your case in this phase to fully understand the way you were injured, the extent of your injuries, damages and costs.
At this moment, your lawyer will summon witnesses as well as experts to testify and provide evidence in the form of documents, photos, and medical reports. This is referred to as the case-in-chief phase. The defense attorney will summon witnesses to testify as a rebuttal and argue that the plaintiff should not be entitled to damages. The jury or judge will then look at the evidence and arguments put forward by both parties.
The judge will explain to the jury the legal standards which must be met in order to make a decision in favor of plaintiffs or against defendants. This is known as jury instruction. Each side then makes its closing arguments. If the jury is unable to reach a consensus and the judge decides to declare a mistrial. In rare instances appeals might be available if you are unhappy with the outcome of your trial.