Injury Litigation
Legally, it is the procedure that allows you to collect compensation for your losses and injuries. Your lawyer for injury will construct strong evidence in your case by utilizing eyewitness testimony, medical documents in the form of defendant statements, expert witness opinions.
Your lawyer will then begin to file your lawsuit. After the defendant has replied, the case moves into an investigation of facts, also known as discovery.
The Complaint
Before the lawsuit can be filed, an injured person (plaintiff) must conduct pre-lawsuit discovery. This entails reviewing police accident reports and conducting informal discovery and identifying potential liable parties and the possible causes of action that may be filed against them.
Once the plaintiff has done this, they can submit a summons and a complaint. The complaint describes the harm caused by the defendant's action or his inaction. The typical complaint will include a demand for compensation for the victim's medical expenses, lost income, pain and suffering, and other damages that result from their injury.
The defendant will then have 30 days to file a response called an answer in which they either admit or deny the allegations made in the complaint. They can also add third party defendants or file a counterclaim.
During the discovery phase during the discovery phase, both parties will share relevant information regarding their positions and evidence. This usually includes depositions, written questions (called interrogatories) and requests for documents. This is typically the major portion of the litigation timeline. If there are settlement possibilities, they will take place during this time. The case will go to trial if there's no settlement. During this time your lawyer will present your story before a judge or jury and the defendant will defend themselves.
The Discovery Phase
Discovery is a formal process that permits you and your legal team to share information with the other party and gather evidence. This could include witness statements, details regarding your medical treatment, and evidence of the losses you've suffered. Your attorney can also use several different tools during discovery to aid your case, such as interrogatories, documents requests and depositions. Requests for documents are essentially requests to supply all relevant documentation that are within each party's control. Interrogatories require written responses. Requests for admission are written letters to the other side asking them to accept certain facts. This can cut down on time and money since attorneys do not need to prove the facts during trial. Depositions are live discussions with witnesses, where your attorney can ask them questions regarding the incident under oath. Their answers will be recorded and transcribing.
While discovery may appear to be a long painful, invasive and uncomfortable process, it is a necessary step to gather the evidence you need to win your injury case. During your free consultation your attorney will be able to explain the specifics of the discovery process. For instance, if try to hide a prior condition that has caused your injury to worsen, this information could be discovered in the process of discovery and thrown out of your case.
The Negotiation Phase
The negotiation of a settlement is the goal of most lawsuits involving injuries. The process typically involves a exchange of back and to and back-and-forth between your lawyer as well as that of the insurance company of the party responsible. 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 in deciding on the number of settlements you would like to seek and assist with negotiations.
One of the difficulties of settlement of an injury claim is that the amount of your damages - including your medical bills loss of income, future losses - is an evolving factor. Your injuries could get worse over time. This could cause further losses or decrease the value of current losses. Your lawyer will ensure that your damages are dependent on the current condition of your injuries as well as an accurate prognosis for your future recovery.
Insurance companies often attempt to limit their payout by challenging certain elements of your claim. This can prolong settlement negotiations but your lawyer will have strategies to help you get through these challenges and reach the best possible outcome for your case. In some cases, the process of negotiating an agreement could take months or even years. Negotiations can take months or even years depending on a variety of factors.
The Trial Phase
Most cases of injury are resolved outside of court through settlement negotiations. However, if the resolution isn't reached, your lawyer may decide to go to trial. This is an expensive lengthy and time-consuming procedure that can be stressful. The jury must also decide if you should be compensated for your injuries, and if so, how much. Your lawyer must thoroughly research your case in order to understand the circumstances surrounding your injuries, the amount of the injuries, damages and the costs.
At this point, your attorney will call witnesses and experts to testify and present evidence of physical nature, such as photographs, documents and medical reports. This is known as the case-in-chief phase. The defense attorney will then summon witnesses to testify and argue why the plaintiff should not be awarded damages. The judge or jury weighs the arguments and evidence of both sides.
The judge will then go over 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. Afterwards, each side makes their closing arguments. If the jury is unable to reach a decision, the judge will declare a mistrial. In injury law firm arkansas might be available if unhappy with the outcome of your trial.