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Injury Litigation The legal process which allows you to claim compensation for your injuries and losses. Your lawyer will use strong evidence to prove your case, including eyewitness testimony, medical documents as well as the statements of the defendant and expert witness opinions. Your lawyer will then begin to file your lawsuit. Once the defendant has responded to the suit, it moves to the stage of fact-finding, which is known as discovery. The Complaint Before a lawsuit is filed, the injured person (plaintiff), must conduct pre-lawsuit investigations. This includes reviewing the police accident reports, conducting informal discovery, and identifying potential at-fault parties. Once the plaintiff has done this, they are able to make a complaint and summons. The complaint details the damage caused by the defendant's actions or his actions. It typically includes a request for compensation for medical bills loss of 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 can also include a third party defendant or file an appeal. During the discovery stage in the discovery stage, both parties exchange pertinent information about their positions and the evidence. This process includes depositions (also called interrogatories), written questions (also known as interrogatories) and requests for documents. This usually accounts for the most of the timeline for lawsuits. During this phase, if there are any settlement options they will be discussed. Otherwise the case will go to trial. During this time your attorney will be able to give your case to 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 gather evidence. This could include witness testimony 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 aid you in discovery, such as interrogatories or requests for documents. Interrogatories are questions that require a response written, while request for documents requires the submission of all relevant documents under the control of the parties. Requests for admission ask the other side to admit certain facts. This could help save time and money because the attorneys do not have to prove these uncontested facts during trial. Depositions are recorded interviews with witnesses, where the attorney can inquire about the incident under oath, and have their answers recorded and transcribed by a court reporter. While discovery may seem like a long painful, invasive and uncomfortable process but it is an essential step to gather the evidence necessary to win your case. Your attorney will be able to discuss the specifics of the discovery process with you during your free consultation. For injury lawyer montgomery , if you attempt to conceal a preexisting condition that has aggravated your injury it could be discovered during the discovery process and thrown out of your case. The Negotiation Phase The majority of injury cases seek to settle a case through negotiation. The process to achieve this goal typically involves 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 the number you want to request for your settlement, and then assist in negotiations. One of the difficulties of the process of settling a claim for injury is that the amount of your damages which includes medical bills as well as lost income and future losses – is a dynamic aspect. Your injuries could worsen over time. This could lead to a rise in future losses or diminish the value of your current losses. Your lawyer will ensure that your damages are in line with the current condition of your injuries and an accurate prognosis for your future recovery. In many cases insurance companies attempt to limit their payouts for claims by arguing against certain aspects of your case. This can lead to delays in settlement negotiations. However, your lawyer can provide strategies to help you overcome these obstacles and achieve the best possible outcome for your case. In some instances negotiations to reach an agreement can take months or even years. Negotiations can take months or even years based on many factors. The Trial Phase While the majority of cases involving injuries are resolved through settlement negotiations, which are not in court, your attorney may decide to take your case to trial if a fair resolution is not attainable. This can be a stressful, expensive and time-consuming process. The jury also has to decide whether the defendant should be held accountable for your injuries and what amount of compensation you should receive. Your lawyer must thoroughly investigate your case to discover the circumstances surrounding your injury, the extent of the injuries, damages and the costs. At this stage, your attorney will call witnesses and experts to testify. They will also provide evidence physical such as documents, photographs, and medical reports. This is known as the “case-in-chief” phase. The defense attorney will then call witnesses to testify and argue why the plaintiff should not be awarded damages. The judge or jury will then look at the evidence and arguments presented by both parties. The judge will explain to jurors the legal standards which must be met in order to make a decision in favor of the plaintiff or against the defendant. This is known as jury instruction. Each side then presents its closing arguments. If the jury is unable to agree on a decision, the judge will declare that the trial a mistrial. If you are not happy with the result of your trial, there may be an appeal available.