Injury Litigation
Injury litigation is the legal process that allows you to collect compensation for your injuries and losses. Your lawyer will use strong evidence to prove your case, such as eyewitness testimonies, medical documentation, defendant's statements, and expert witness opinions.
injury attorney modesto will begin the process of filing your lawsuit. After the defendant has responded to the lawsuit, the case will move into an investigation of facts, also known as discovery.
The Complaint
Before filing a lawsuit the person who suffered the injury (plaintiff), must conduct pre-lawsuit investigations. This includes reviewing accident reports, conducting informal discovery, and identifying potential liable parties and available causes of action that may be brought against them.
After the plaintiff has completed this, they are able to start a summons as well as a complaint. The complaint outlines the harm caused by the defendant's actions or his inaction. It usually includes a request for compensation for medical bills and lost income, as well as suffering and other damages arising from their injuries.
The defendant will then have 30 days to file a reply, known as an answer in which they acknowledge or deny the allegations contained in the complaint. They may also add an additional defendant from a third party or make counterclaims.
During the discovery phase, both sides will exchange relevant information about their positions and the evidence they have in the case. This phase includes depositions (also known as interrogatories) and written questions (also called interrogatories) as well as requests for documents. This phase typically accounts for the majority of the timeframe for a lawsuit. If there are settlement opportunities, they will take place during this time. The case will proceed to trial if there is no settlement. In this instance, your attorney will present your side of the story before 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. This can include witness statements, information about your medical treatment and evidence of the losses you've suffered. Your lawyer may also employ different tools in discovery to help your case, including interrogatories, requests for documents and depositions. Requests for documents are the requests to provide all relevant documents which is within each party's control. Interrogatories require written responses. Requests for admission are written demands to the other side asking for them to acknowledge certain facts. This can cut down on time and cost as the attorneys don't need to prove the facts during trial. Depositions are live interviews of witnesses where your attorney is able to inquire about the incident under oath, and have their answers recorded, and then transcribed by a court reporter.
Discovery may appear to be an uncomfortable, long and tedious process, but it is essential to gather the evidence required to be successful in your claim for compensation. During your free consultation, your attorney can discuss the specifics of the discovery process. For instance, if you attempt to conceal a preexisting health issue that caused your injury to get worse and this information is discovered in the process of discovery and dismissed from your case.
The Negotiation Phase
Most cases of injury aim to settle a case through negotiations. This usually involves an exchange of information back and to and back-and-forth between your lawyer as well as that of 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 determine the best number to demand your settlement, and then assist in negotiations.
One of the issues with settlement of an injury claim is that the amount of your damages - including your medical bills, lost income, and future losses - can be a volatile aspect. Your injuries can get worse over time, which could increase the amount of your future losses and reduce the amount of your current losses. Your attorney will work to ensure that your damages are based on the current state of your injuries as well as a full prognosis for future recovery.
Insurance companies typically try to limit their payout by challenging certain elements of your claim. This can cause delays in settlement negotiations but your lawyer will have strategies to help you overcome these obstacles and get the most favorable outcome for your case. Negotiating an agreement can sometimes take months or even years. Many factors affect the length of time that settlement negotiations last, but knowing the length to expect will make the process easier and more efficient for you.
The Trial Phase
Most injury cases are resolved outside of court through settlement negotiations. If an agreement is not reached your lawyer could decide to bring the case to trial. This can be a costly and time-consuming process that can be stressful. The jury must also decide if you should be compensated for your injuries and if so, how much. Your lawyer should investigate your case in order to understand the circumstances of your injury, as well as the severity of damages, injuries and costs.
At this stage, your attorney will call witnesses as well as experts to testify and provide evidence in the form of documents, photos, and medical reports. This is the "case-in-chief" phase. The defense attorney will summon witnesses to testify in rebuttal and argue that the plaintiff should not be awarded damages. The jury or judge weighs the evidence and arguments of both parties.
The judge will then discuss the legal standards to be met in order for the jury to find in favor of the plaintiff and against the defendant. This is referred to as jury instruction. Each side then presents its closing arguments. If the jury is not able to agree on a decision, the judge will declare the trial a mistrial. If you're not satisfied with the result of your trial, there might be a right to appeal.