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Injury Litigation Injuries litigation is the legal procedure that allows you to seek compensation for your injuries and losses. Your lawyer will create strong evidence in 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 has reacted to your lawsuit, the case goes into the phase of fact-finding known as discovery. The Complaint Before the lawsuit can be filed, an injured person (plaintiff) must conduct pre-lawsuit discovery. This includes reviewing accident reports as well as conducting informal discovery and identifying any potentially liable parties and the possible causes of action that could be filed against them. Once the plaintiff has done this, they are able to start a summons as well as a complaint. The complaint identifies the person who is being sued and details the harm caused by the defendant's conduct or inaction. It typically includes a demand to recover damages for the victim's injuries including medical bills, lost wages as well as pain and suffering, among other damages. The defendant then has 30 days to file a response or answer or answer, in which they accept or deny the allegations in the complaint. They can also include a third party defendant or make an appeal. During the discovery phase, both sides will exchange pertinent information regarding their positions and the evidence they have in the case. This process includes depositions (also known as interrogatories) and written questions (also called interrogatories) as well as requests for documents. This typically comprises the major portion of the litigation timeline. If there are settlement possibilities these will occur during this time. If injury lawyer murrieta will go to trial. During this period, your attorney will provide your side of the story before a jury or judge and the defendant will take on their defense. The Discovery Phase Discovery is a formal stage that permits you and your legal team to share information with the other party and gather evidence. It could include witness statements, information about your medical treatment and proof of the losses you've incurred. Your attorney can also use different tools in discovery to help your case, such as interrogatories, requests for documentation and depositions. Requests for documents are the requests to provide all relevant evidence that are within each party's control. Interrogatories require written responses. Requests for admissions ask the other party to acknowledge certain facts. This can help save time and money because attorneys do not need to prove these uncontested facts during trial. Depositions are live conversations with witnesses where your attorney is able to question them about the incident under oath and get their answers recorded and translated by a court reporter. Discovery may appear to be an uncomfortable, lengthy and tedious process, but it is essential to collect the evidence you need to prove your injury claim. During your free consultation with your attorney, you will be able discuss 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 This information could be discovered during discovery and your case could be dismissed. The Negotiation Phase The majority of cases involving injuries aim to settle through negotiation. The process of achieving 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 assist you decide on a 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 always changing. Your injuries can get worse 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 by the current state of your injuries and an accurate prognosis for your future recovery. Insurance companies often try to limit their payout by disputing certain elements of your claim. This can prolong settlement negotiations but your lawyer will have strategies to help you navigate these obstacles and get the best possible outcome for your case. The process of negotiating an agreement can take months or years. There are many factors that affect the length of time that settlement negotiations last, but knowing the length to expect can make the process less stressful and more effective for you. The Trial Phase Most cases of injury are resolved outside of court through settlement negotiations. However, if a resolution is not reached your lawyer could decide to bring the case to trial. This is a stressful long, expensive and costly process. The jury will also have to decide if you should be compensated for your injuries and if so, how much. Therefore, it is essential for your lawyer to conduct thorough research on your case prior to the trial to fully comprehend the way you were injured and the extent of your injuries, damages and costs. Your attorney will then call witnesses and experts, and will present physical evidence, such as photographs, documents, and medical reports. This is the “case-in-chief” phase. The defense attorney will call witnesses to testify as a counter argument and argue that plaintiffs should not be awarded damages. The judge or jury weighs the evidence and arguments of both sides. The judge will then outline the legal standards which must be followed for the jury to decide in favor of the plaintiff and against the defendant. This is known as jury instruction. Each side then makes its closing arguments. If the jury is unable to reach a consensus on a verdict, the judge will declare a mistrial. In some rare cases appeals may be available if you are not satisfied with the result of your trial.