Advanced Search

stophat33

0 Reputation

0 Badges

1 years, 26 days
Contact stophat33
Injury Litigation Legally, it is the process that allows you to collect compensation for your losses and injuries. Your injury lawyer will use strong evidence to prove your case, including eyewitness testimony from witnesses, medical records defense counsel's statements, defendant's testimony, and expert witness opinions. Your lawyer will then start the lawsuit. Once the defendant has responded, the case moves into the stage of fact-finding, which is known as discovery. The Complaint Before the lawsuit can be filed, an injured party (plaintiff) must conduct pre-lawsuit discovery. This involves reviewing police accident reports, making informal discovery and identifying possible at-fault parties. The plaintiff then has the option of filing a summons with a complaint. The complaint identifies the person that is being sued and exposes the harm caused by the defendant's conduct or lack thereof. It typically includes a demand to recover damages for injuries suffered by the victim, including medical bills loss of wages along with pain and suffering and other damages. The defendant is then given 30 days to file a reply, known as an answer, in which they admit or deny the allegations contained in the complaint. They may also add third party defendants or file a counterclaim. During the discovery stage the parties will exchange relevant information regarding their positions and the evidence. This process includes depositions (also known as interrogatories), written questions (also called interrogatories), as well as requests for documents. This usually takes up the majority of the timeframe for a 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 time the attorney will present your story before a judge or jury and the defendant will defend themselves. The Discovery Phase Discovery is a formal phase that permits you and your legal team to share information with the other party and gather evidence. This can include witness testimony or details of your medical treatment and evidence of losses you've suffered. Your attorney may also employ different tools during discovery to aid your case, including interrogatories, requests for documents and depositions. Requests for documents are requests to supply all relevant documentation which is within each party's control. Interrogatories require written responses. Requests for admission are letters to the other party asking for their admission to certain facts. This can save time and money since attorneys don't need to prove the facts during trial. Depositions are live interviews with witnesses. During these interviews, your attorney can ask them questions regarding the incident while under oath. Their responses will be recorded and transcribed. Although it may seem like a long, intrusive and uncomfortable process, it is a necessary step to gather the evidence required to win your injury case. Your attorney will be in a position to discuss the details of the discovery process with you during your no-cost consultation. If you attempt to conceal an injury that was already present and aggravated due to a preexisting medical condition The information could be found out during discovery and your case could be dismissed. The Negotiation Phase The majority of cases involving injuries aim to settle a case through negotiation. This usually involves an exchange of information back and 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 counter-offers. Your lawyer can help you choose the appropriate number to demand your settlement, and then assist in negotiations. The amount of damages, such as medical bills, lost wages and future loss, is a factor that is always changing. Your injuries could get worse over time. This could lead to a rise in future losses or diminish the value of current losses. Your lawyer will ensure that your damages are based on the current state of your injuries, and provide an accurate prognosis for your future recovery. In many cases, insurance companies are trying to limit their payout for claims by arguing against specific aspects of your case. injury law firm santa clara can result in a delay in settlement negotiations. However, your lawyer has strategies to assist you in overcoming these hurdles and obtain the best possible outcome for your case. Negotiating an agreement may take months or years. Many factors affect the length of time that settlement negotiations last, but knowing the length to expect can make the process less stressful and more efficient for you. The Trial Phase The majority of injury cases are settled outside of court through settlement negotiations. If an agreement is not reached, your lawyer may decide to proceed to trial. This is an expensive, time-consuming and stressful process. The jury will also have to decide if you are compensated for your injuries and If so, what amount. Your lawyer must thoroughly research your case to determine the circumstances of your injuries, the amount of damages, injuries, and the costs. At this point, your attorney will call witnesses as well as experts to testify and present physical evidence such as photographs, documents and medical reports. This is known as the "case-in-chief" phase. The defense attorney will call witnesses to testify for argument against the plaintiff, and argue that plaintiffs should not be awarded damages. The jury or judge considers the arguments and evidence of both parties. The judge will then outline the legal standards which must be followed for the jury to rule in favor of the plaintiff and against the defendant. This is known as jury instruction. Each side then gives its closing arguments. If the jury cannot agree on a verdict, the judge will declare the trial an unconstitutional trial. In some cases appeals may be available if you're not satisfied with the results of your trial.

MaplePrimes Activity


MaplePrimes Badges

stophat33 has not earned any MaplePrimes badges yet.

stophat33 has 0 reputation . What is reputation?