Injury Litigation
Injury litigation is the legal procedure that allows you to seek compensation for your injuries and losses. Your injury lawyer will develop strong evidence for your case by utilizing eyewitness testimony, medical documents testimony of the defendant, expert witness opinions.
Your lawyer will then file your lawsuit. After the defendant responds, the case enters the discovery phase, which is a process of finding facts.
The Complaint
Before a lawsuit can be filed, an injured party (plaintiff) must conduct pre-lawsuit discovery. This includes reviewing police accident reports as well as conducting informal discovery and identifying any potentially liable parties and possible causes of action that could be asserted against them.
The plaintiff can then file an order with a complaint. The complaint describes the harm caused by the defendant or his inaction. It usually includes a request for damages to compensate the victim for their injuries, including medical bills and lost wages along with pain and suffering and other damages.
The defendant then has 30 days to file a response or answer, in which they admit or deny the allegations made in the complaint. They can also file a counterclaim or add a third party defendant to the suit.
During the discovery phase, both sides will exchange pertinent information regarding their positions and the evidence they have in the case. This usually includes depositions, written questions (called interrogatories), and requests for documents. This phase typically accounts for the majority of the timeframe for a lawsuit. If there are any settlement options the possibility of settlement will be discussed. The case will go to trial if there is no settlement. During this period, your attorney will tell your side of the tale before a judge or jury and the defendant will defend themselves.
The Discovery Phase
Discovery is a formal procedure that allows you and your legal team to exchange information with the other party and collect evidence. This could include witness testimony as well as details of the treatment you received from your doctor, and evidence of the losses you've suffered. Your attorney may use a variety tools to aid you in discovery, such as interrogatories and requests for documents. Requests for documents are essentially requests to provide all relevant evidence that are within each party's control. Interrogatories require written responses. Requests for admission are written letters to the other party, asking them to admit certain facts. This could save time and money since the attorneys do not have to prove the facts during trial. Depositions are live conversations with witnesses, where the attorney can question them about the incident under oath. get their answers recorded and transcribed by a court reporter.
Discovery may seem like an uncomfortable, lengthy and intrusive process, but it is essential to collect the evidence required to be successful in your claim for compensation. During your free consultation your attorney will be able to explain the specifics of the discovery process. If you attempt to conceal an injury that was already present and aggravated due to a preexisting medical condition The information could be discovered during the process of discovery and your case could be thrown out.
The Negotiation Phase
The majority of cases involving injuries aim to settle a case through negotiation. The process of reaching this goal is usually 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 help you decide on a number to request for your settlement and then assist in negotiations.
The amount of damages, such as medical bills, lost wages and future losses, is an aspect that changes. Your injuries may worsen as time passes, which could increase your future losses, and reduce the amount of your current losses. Your lawyer will ensure that your damages are calculated based on your current injuries and your prognosis for the future recovery.
Insurance companies typically try to limit their payout by arguing about certain aspects of your claim. This could delay settlement negotiations however, your lawyer has strategies to help you overcome these issues and get the most favorable outcome for your case. Negotiating an agreement may take months or years. Negotiations can take months or even years based on a variety of factors.
The Trial Phase
While the majority of injuries cases are resolved by settlement negotiations outside of the courtroom, your attorney could choose to take your case to trial if a satisfactory resolution cannot be reached. This is a stressful long, expensive and costly process. The jury will also have to decide if you are paid for your injuries and in the event that they do, how much. It is therefore important for your lawyer to conduct thorough research on your case at this point to fully understand the way you were injured, the extent of your injuries, damages and costs.
At this point, your attorney will call witnesses and experts to testify and present evidence of physical nature, such as documents, photographs and medical reports. This is known as the "case-in-chief" phase. The defense attorney will summon witnesses to testify for counter argument, and argue that plaintiffs shouldn't be awarded damages. The judge or jury then considers the arguments and evidence of both parties.
injury attorney baton rouge will then outline the legal requirements that must be met in order for the jury to decide for the plaintiff and against the defendant. This is referred to as jury instruction. After that, both sides present their closing arguments. If the jury cannot reach a decision then the judge declares a mistrial. If you are not happy with the results of the trial, there could be an appeal option.