Injury Litigation

Injury litigation is a legal process that allows you to claim compensation for your injuries and losses. Your lynn injury law firm attorney will build strong evidence for your case that includes eyewitness testimony, medical documents in the form of defendant statements, expert witness opinions.

Your lawyer will start the lawsuit. If the defendant does not respond then the case goes to an investigation stage, also known as discovery.

The Complaint

Before a lawsuit is filed the person who has been injured (plaintiff) must conduct a pre-lawsuit investigation. This involves reading police accident reports, conducting informal discovery and identifying potential liable parties.

Once the plaintiff has done this, they are able to file a summons and complaint. The complaint describes the harm caused by the defendant or his inaction. The typical complaint will include a demand for compensation for medical bills, lost income, suffering and other damages that result from their injury.

The defendant has 30 days to respond, also referred to as an answer. In this response, the defendant may admit or deny any claims made in the complaint. They may also add an additional defendant from a third party or make an appeal.

During the discovery phase during the discovery phase, both parties will share relevant information regarding their positions and the evidence. This typically involves depositions written questions (called interrogatories), and requests for documents. This process usually occupies the majority of the timeline for the lawsuit. During this phase, if there are any settlement opportunities that are discussed, they will be discussed. The case will proceed to trial if there is no settlement. In this instance, your attorney will present your case to a judge or jury 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 party at fault to exchange information and collect evidence. This can include witness testimony, details of your medical treatment, and evidence of the losses you've suffered. Your attorney can use several tools to help you during discovery, such as interrogatories and requests for documents. Interrogatories are questions that require a response written and requests for documents requires the submission of all relevant documentation that is under the control of each party. Requests for admissions ask the other party to admit certain facts. This could reduce time and cost since the attorneys don't have to prove these uncontested facts during trial. Depositions are live recordings of witnesses in which your attorney can inquire about the incident under oath, and have their answers recorded and transcribed by a court reporter.

Discovery may seem like an uncomfortable, lengthy and tedious process, but it's necessary to collect the evidence required to prove your tuttle injury law firm claim. During your consultation for free the attorney will be able discuss the specifics of the discovery process. If you try to hide an injury that has already been aggravated due to a medical condition that was already present The information could be discovered during the process of discovery and your case could be thrown out.

The Negotiation Phase

Most cases of injury aim to settle the case through negotiations. The process typically involves an exchange of information back and forth between your lawyer and 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 injury counter-offers. Your lawyer can assist you choose the appropriate number to request for your settlement, and then assist in negotiations.

One of the issues with the process of settling an injury case is that the amount you are owed (including medical bills loss of income, future losses - is an evolving factor. Your injuries can get worse over time. This could cause further losses or diminish the value of your current losses. Your lawyer will ensure that damages are calculated based on your current injuries and your prognosis for the future recovery.

Insurance companies usually try to limit their payout by disputing certain elements of your claim. This can delay settlement negotiations however, your lawyer has strategies to help you navigate these difficulties and achieve the best possible outcome for your case. Negotiating an agreement may take months or years. Negotiations can last for months or even years depending on many factors.

The Trial Phase

Most cases involving injuries are settled outside of court through settlement negotiations. However, if a resolution is not reached your lawyer might decide to go to trial. This can be a stressful costly and time-consuming process. The jury must also decide if you are compensated for your injuries, and in the event that they do, how much. Your lawyer must thoroughly investigate your case to understand the circumstances surrounding your injury, as well as the severity of the injuries, damages and costs.

At this point, your lawyer will summon witnesses and experts to testify. They will also present physical evidence such as documents, photographs, and medical reports. This is the "case-in-chief" phase. The defense attorney will call witnesses to testify in defense, and argue that the plaintiff should not be entitled to damages. The jury or judge will then review the evidence and arguments presented by both sides.

The judge will then discuss the legal requirements that must be met in order for the jury to rule in favor of the plaintiff and against the defendant. This is referred to as jury instruction. Each side then gives its closing arguments. If the jury fails to reach a decision, the judge will declare a mistrial. If you are not happy with the result of your trial, there could be an appeal option.