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Injury Litigation Injury litigation is the legal process that allows you to recover compensation for your injuries and losses. Your injury lawyer will use strong evidence to support your case, such as eyewitness testimony, medical records as well as the statements of the defendant and expert witness opinions. Your lawyer will then start the lawsuit. After the defendant has replied to the suit, it moves to an investigation of facts, also known as discovery. The Complaint Before a lawsuit is filed, an injured party (plaintiff) must conduct pre-lawsuit discovery. This includes looking over police accident reports, making informal discovery and identifying possible liable parties. After the plaintiff has completed this, they are able to file a summons and complaint. The complaint identifies who is the party who is being sued and describes the harm caused by the defendant's actions or lack thereof. It typically includes a request for compensation for the victim's medical expenses and lost income, as well as suffering and pain, and other damages arising from their injuries. The defendant has 30 days to respond, also known as an answer. In this response, the defendant can accept or deny the allegations made in the complaint. They can also file a counterclaim or add a third-party defendant to the suit. During the discovery phase during the discovery phase, both sides will share pertinent information regarding their respective positions and evidence in the case. This process includes depositions (also known as interrogatories) and written questions (also known as interrogatories) as well as requests for documents. This is usually the majority of the timeframe for a lawsuit. If there are settlement options they will be made during this period. If not, the case will progress to trial. During this time your lawyer will explain your side before a judge or jury and the defendant will defend themselves. The Discovery Phase Discovery is a formal process that allows you and your legal team to exchange information with the other party and gather evidence. This can include witness testimony and details about your medical treatment and evidence of the losses you've suffered. Your attorney can utilize a variety of tools to aid you in discovery, including interrogatories and requests for documents. Interrogatories are questions that require a written answer, while request for documents involve requesting all relevant documentation under the control of the parties. Requests for admission are letters to the other party, asking them to accept certain facts. This can save time and money as the attorneys don't need to prove the facts in court. Depositions are live interviews of witnesses where your attorney can question them about the incident under oath and have their answers recorded, and then transcribed by a court reporter. Discovery can be an uncomfortable, lengthy and time-consuming process, however it is essential to collect the evidence needed to win your injury claim. Your lawyer will be capable of discussing the details of the discovery process with you during your complimentary consultation. For example, if you try to hide a preexisting condition that your injury worsened or aggravated, the information could be discovered during the discovery process and thrown out of your case. The Negotiation Phase The majority of injury cases seek to settle through negotiations. The process of achieving this goal usually 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 assist you in determining the amount of settlement you wish to request and assist with negotiations. The amount of damages, which includes medical bills, lost wages, and future loss, is a factor that is dynamic. Your injuries could get worse over time. This could cause further losses or reduce the value of current losses. Your lawyer will ensure that your damages are based on the current state of your injuries as well as a full prognosis for future recovery. Most often insurance companies try to limit their payout for claims by challenging certain aspects of your case. This can delay settlement negotiations but your lawyer will have strategies to help you navigate these difficulties and achieve the best possible outcome for your case. In some cases the process of negotiating an agreement could take months or even years. There are many factors that affect how long settlement negotiations take, but knowing what to expect will make the process easier and more efficient for you. The Trial Phase While most injury cases are resolved by settlement negotiations outside of the courtroom, your attorney could decide to take your case to trial if a fair resolution cannot be reached. This is an expensive lengthy and time-consuming procedure that can be stressful. The jury will also have to decide if you are compensated for your injuries and if so, how much. Your lawyer must thoroughly investigate your case to determine the circumstances surrounding your injuries, the severity of injuries, damages, and costs. Your attorney will then call witnesses and experts and present evidence, like photographs, documents, and medical reports. This is 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 parties. The judge will explain to jurors the legal standards which must be met in order to decide in the favor of plaintiffs or against defendants. This is referred to as jury instruction. injury law firm georgia presents its closing arguments. If the jury cannot reach a consensus on a verdict, the judge will declare a mistrial. If you are not happy with the outcome of your trial, there might be an appeal to be made.

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