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Injury Litigation Injury litigation is a legal process that allows you to seek compensation for your losses and losses. Your injury lawyer will use strong evidence to prove your case. This includes eyewitness testimony from witnesses, medical records in the form of statements from the defendant, as well as expert witness opinions. Your lawyer will then file your lawsuit. Once the defendant has responded to the suit, it moves to an investigation of facts, also known as discovery. The Complaint Before a lawsuit is filed, the injured person (plaintiff) must conduct a an investigation prior to the filing of a lawsuit. This involves reading police accident reports, making informal discovery and identifying potential responsible parties. The plaintiff then has the option of filing an accusation and summons. The complaint details the damages caused by the defendant's action or his inaction. It usually includes a request for compensation for medical bills as well as lost income, suffering and pain, and other damages related to their injury. The defendant has 30 days to respond, referred to as an answer. In this response, the defendant may accept or deny the allegations made in the complaint. They may also include an additional defendant, or file a counterclaim. During the discovery phase, both sides will exchange pertinent information regarding their positions and evidence in the case. This usually includes depositions, written questions (called interrogatories) and requests for documents. This usually accounts for the most of the timeline for lawsuits. If there are settlement options that are available, they will be negotiated during this time. The case will then go to trial if there's no settlement. During this time your lawyer will explain your perspective to a judge or jury and the defendant will take on their defense. The Discovery Phase Discovery is a formal stage that permits you and your legal team to exchange information with the other party and collect evidence. This may include witness testimony and details about your medical treatment, and evidence of losses you've suffered. injury law firm virginia beach can also use several different tools during discovery to help your case, such as interrogatories, requests for documentation and depositions. Requests for documents are requests to provide all relevant documentation that are within each party's control. Interrogatories require written responses. Requests for admission are written requests to the other party, asking for their admission to certain facts. This can save time and money since attorneys do not need to prove the facts at trial. Depositions are live conversations with witnesses in which your attorney can inquire about the incident under oath and get their answers recorded, and then transcribed by a court reporter. While it might appear to be an lengthy unpleasant, time-consuming and uncomfortable process however, it is an essential step to gather the evidence required to win your injury case. During your free consultation with your attorney, you will be able discuss the specifics of the discovery process. For example, if you try to hide a preexisting condition that has aggravated your injury it could be discovered during the discovery process and dismissed from your case. The Negotiation Phase The majority of cases involving injuries aim to settle a case through negotiation. The process typically involves a 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 assist you decide on the number you want to request for your settlement and 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, lost income, and future losses – is an evolving factor. Your injuries may get worse over time. This could increase future losses or decrease the value of your current losses. Your lawyer will ensure that your damages are determined based upon your current injuries and the likelihood of future recovery. Insurance companies often try to limit their payout by disputing certain elements of your claim. This can delay settlement negotiations however, your lawyer can provide strategies to help you overcome these difficulties and achieve the best possible outcome for your case. In some cases negotiations to reach an agreement could take months or even years. Many factors affect the length of time settlement negotiations last, but understanding what to expect can make the process easier and more efficient for you. The Trial Phase While most injury cases are resolved through settlement negotiations, which are not in the courtroom, your attorney could decide to bring your case to trial if a satisfactory resolution cannot be reached. This can be a costly lengthy, time-consuming and stressful procedure. The jury must also decide if you should be paid for your injuries and if so, how much. Your lawyer should investigate your case to understand the circumstances surrounding your injury, as well as the severity of the injuries, damages and costs. At this stage, your attorney will call witnesses as well as experts to testify and provide evidence physical such as documents, photographs and medical reports. This is known as the “case-in-chief” phase. The defense attorney will call witnesses to testify on behalf of a counter argument, and argue that the plaintiff should not be entitled to damages. The judge or jury will then take into consideration the evidence and arguments presented by both parties. The judge will then go over the legal requirements which must be followed for the jury to find for the plaintiff and against the defendant. This is known as jury instruction. Then, each side presents their closing arguments. If the jury is unable to reach a consensus and the judge decides to declare a mistrial. In some rare cases an appeal could be available in the event that you are not satisfied with the results of your trial.