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Injury Litigation Injuries litigation is a legal procedure that allows you to get compensation for your injuries and losses. Your injury lawyer will use strong evidence to support your case, such as eyewitness testimony, medical documents, defendant's statements, and expert witness opinions. Your lawyer will bring your lawsuit. After the defendant has responded, the case moves into an investigation of facts, also known as discovery. The Complaint Before a lawsuit can be filed, the injured party (plaintiff) must conduct pre-lawsuit discovery. This involves reviewing police accident reports, making informal discovery and identifying potential responsible parties. The plaintiff is then able to file a summons with a complaint. The complaint identifies who is the party that is being sued and details the harm caused by the defendant's actions or inaction. It usually includes a request for compensation for medical expenses and lost income, as well as pain and suffering, and other damages related to their injury. The defendant has 30 days to respond, which is also referred to as an answer. In this response, the defendant has the option to accept or deny the allegations made in the complaint. They can also add an additional defendant from a third party or make a counterclaim. During the discovery phase during the discovery phase, both sides will share relevant information about their respective positions and evidence in the case. This includes depositions (also known as interrogatories) and written questions (also known as interrogatories) as well as requests for documents. This usually accounts for the most of the timeline for lawsuits. If there are settlement possibilities these will occur during this time. The case will proceed to trial if there is no settlement. During this time your lawyer will explain your side 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 gather evidence. It could include witness statements or details of the treatment you received from your doctor, and evidence of losses you've suffered. Your attorney can utilize a variety of tools to assist you during discovery, including interrogatories and requests for documents. Requests for documents are the requests to provide all relevant documents which is within each party's control. Interrogatories require written responses. Requests for admissions require the other side to admit certain facts. This could help save time and money because lawyers do not have to prove these uncontested facts during trial. Depositions are live interviews with witnesses, during which your attorney can ask them questions about the incident under the oath. Their responses will be recorded and transcribed. While discovery may appear to be a long painful, invasive and uncomfortable process, it is a necessary step to gather the evidence needed to win your case. Your attorney will be willing to go over the specifics of the discovery process with you during your complimentary consultation. For instance, if try to hide a prior condition that your injury worsened, this information could be discovered during the discovery process and removed from your case. The Negotiation Phase Negotiating a settlement is the goal of most injury cases. The process of reaching this goal is usually an exchange of information between your lawyer and the 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 determine the best number to demand for your settlement, and then assist in negotiations. The amount of damage, which includes medical bills, lost wages and future losses, is a factor that is always changing. Your injuries could get worse over time, which can increase your future losses, and reduce the value of your current losses. Your lawyer will ensure that your damages are in line with the current condition of your injuries as well as an accurate prognosis for your future recovery. Often insurance companies try to limit their payouts for claims by arguing against specific aspects of your case. This can cause delays in settlement negotiations but your lawyer will have strategies to help you overcome these difficulties and achieve the best possible outcome for your case. The process of negotiating an agreement can be a lengthy process that can take months or years. Negotiations can last for several months or even years, depending on various factors. The Trial Phase Although the majority of injury cases are resolved by settlement negotiations outside of court, your attorney may decide to bring your case to trial if a fair resolution is not attainable. This can be a stressful long, expensive and costly procedure. The jury must also decide if you should be compensated for your injuries, and If so, what amount. It is therefore important for your lawyer to thoroughly research your case prior to the trial to fully comprehend the way you were injured and the extent of your injuries, damages and costs. At this point, your lawyer will summon witnesses as well as 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 call witnesses to testify and argue that the plaintiff should not be awarded damages. The jury or judge considers the evidence and arguments of both sides. The judge will then explain the legal requirements that must be met for the jury to come up with a verdict for the plaintiff and against the defendant. This is called jury instruction. After that, both sides present their closing arguments. If injury claim norwalk fails to reach a consensus and the judge declares a mistrial. If you're not satisfied with the results of the trial, there could be an appeal available.