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Injury Litigation The legal procedure that allows you to seek compensation for your losses and injuries. Your injury lawyer will use strong evidence to support your case, such as eyewitness testimonies, medical documentation in the form of statements from the defendant, as well as expert witness opinions. Your lawyer will then file your lawsuit. After the defendant responds, the case enters an inquiry stage known as discovery. The Complaint Before filing a lawsuit, the injured person (plaintiff), must conduct an investigation prior to the filing of a lawsuit. This includes reviewing police accident reports as well as conducting informal discovery and identifying potentially liable parties and available causes of action that can be argued against them. The plaintiff then has the option of filing an accusation and summons. The complaint identifies the person that is being sued and describes the harm caused by the defendant's conduct or lack thereof. It typically includes a request for compensation for the victim's medical expenses and lost income, as well as pain and suffering, and other damages arising from their injuries. The defendant has 30 days to respond, also known as an answer. In this response, the defendant has the option to admit or deny any claims made in the complaint. They can also include an additional defendant, or make counterclaims. During the discovery phase during the discovery phase, both sides will share relevant information about their positions and the evidence in the case. This typically includes depositions, written questions (called interrogatories), and requests for documents. This is usually most of the time for an action. If there are settlement possibilities that are available, they will be negotiated during this period. Otherwise, the case will progress to trial. In this time, your attorney will tell your side of the tale to a jury or judge and the defendant will defend themselves. 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 may include witness testimony, details of your medical treatment and evidence of the losses you've suffered. Your attorney may use a variety tools to assist you during discovery, including interrogatories as well as requests for documents. Interrogatories are written questions which require a response in writing, while request for documents require the submission of all relevant documents that fall under the control of each party. Requests for admission ask the other side to admit certain facts, which can help save time and money because lawyers do not have to prove these undisputed facts during trial. Depositions are live interviews of witnesses where your attorney is able to inquire about the incident under oath. They will have their answers recorded and transcribing by a court reporter. While it might seem like a long unpleasant, time-consuming and uncomfortable process but it's a crucial step to gather the evidence you need to win your injury claim. Your lawyer will be willing to go over the specifics of the discovery process in your free consultation. If you try to hide an injury that was already present and aggravated due to a medical condition that was already present The information could be found out during discovery and your case could be thrown out. The Negotiation Phase The majority of injury cases seek to settle the case through negotiation. injury lawyer santa fe to achieve this goal usually involves 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 choose the appropriate number to request for your settlement and then assist in negotiations. One of the challenges of the process of settling a claim for injury is that the amount you are owed - including your medical bills as well as lost income and future losses - is a constantly changing factor. Your injuries may get worse over time. This could result in a rise in future losses or decrease the value of your current losses. Your attorney will ensure that damages are determined based on the severity of your injuries and the prognosis of future recovery. Often insurance companies try to limit their payouts for claims by challenging certain elements of your case. This could delay settlement negotiations but your lawyer will have strategies to help you overcome these obstacles and get the best possible outcome for your case. Negotiating an agreement may take months or years. Negotiations can last for several months or even years, depending on various factors. The Trial Phase The majority of injury cases are resolved outside of court through settlement negotiations. If an agreement is not reached the lawyer could decide to proceed to trial. This is an expensive and time-consuming process that can be stressful. The jury will also have to 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 determine the circumstances surrounding your injury, the extent of damages, injuries, and the costs. At this point, your attorney will summon witnesses and experts to testify, and provide evidence in the form of photographs, documents and medical reports. This is known as the "case-in-chief" phase. The defense attorney will then call witnesses to testify and argue that the plaintiff shouldn't be awarded damages. The jury or judge evaluates the arguments and evidence of both sides. The judge will explain to jurors the legal standards which must be met in order to make a decision in favor of plaintiffs or against defendants. This is referred to as jury instruction. Each side then makes its closing arguments. If the jury cannot reach an agreement on a verdict, the judge will declare that the trial an unconstitutional trial. In some rare instances an appeal could be available if not satisfied with the results of your trial.

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