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Injury Litigation

Injuries litigation is the legal procedure which allows you to claim compensation for your losses and injuries. Your lawyer for injury will make use of strong evidence to support your case, including eyewitness testimony, medical documents, defendant's statements, and expert witness opinions.

Your lawyer will file your lawsuit. After the defendant has responded to your lawsuit, the case goes into the stage of fact-finding, which is known as discovery.

The Complaint

Before filing a lawsuit, the injured person (plaintiff), must conduct an investigation prior to filing a lawsuit. This involves studying the police accident reports, conducting informal discovery, and identifying potential responsible parties.

The plaintiff then has the option of filing an accusation and summons. The complaint outlines the harm caused by the defendant's action or his actions. The typical complaint will include a demand for damages for the victim's injuries, including medical bills and lost wages as well as pain and suffering, among other damages.

The defendant is then given 30 days to file a reply called an answer in which they acknowledge or deny the allegations contained in the complaint. injury attorney el monte may also add an additional defendant, or file an appeal.

During the discovery phase during the discovery phase, both sides will share relevant information about their positions and the evidence in the case. This usually includes depositions, written questions (called interrogatories), and requests for documents. This usually accounts for the majority of the timeframe for a lawsuit. If there are any settlement options the possibility of settlement will be discussed. The case will then go to trial if there is no settlement. During this time the attorney will provide your argument to a judge or jury and the defendant will take on their defense.

The Discovery Phase

The discovery phase is a formal procedure that permits your legal team and the party at fault to exchange information and collect evidence. This may include witness statements, specifics regarding your medical treatment, and evidence of the losses you've incurred. Your attorney can utilize a variety of tools to help you during discovery, including interrogatories as well as requests for documents. Interrogatories are written queries that require a written response, while request for documents require the submission of all relevant documents that fall under the control of the parties. Requests for admission are written requests to the other party asking them to accept certain facts. This can cut down on time and money as the attorneys don't need to prove the facts during trial. Depositions are live interviews of witnesses where your attorney is able to question them about the incident under oath. have their answers recorded and transcribing by a court reporter.

Discovery may appear to be an uncomfortable, long and time-consuming process, however it's necessary to collect the evidence needed to prove your injury claim. Your attorney will be able to discuss the specifics of the discovery process with you during your free consultation. For instance, if attempt to conceal a preexisting health issue that caused your injury to get worse or aggravated, the information could be discovered in the process of discovery and then thrown out of your case.

The Negotiation Phase

Negotiating a settlement is the aim of the majority of injury cases. This usually involves an exchange of information back and forth between your lawyer and that of the insurer of the party who is 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 the amount of settlements you would like to negotiate and help with negotiations.

The amount of damages, which includes medical bills, lost wages and future losses, is an aspect that changes. Your injuries could worsen over time. This could lead to a rise in future losses or diminish the value of your current losses. Your attorney will work to ensure that your damages are dependent on the current condition of your injuries and a full prognosis for future recovery.





Insurance companies usually attempt to limit their payout by challenging certain elements of your claim. This could result in delay in settlement negotiations. However, your lawyer will have strategies to help you overcome these obstacles and get the best possible outcome for your case. Negotiating an agreement can sometimes take months or even years. Many factors affect the length of time that settlement negotiations last, but knowing the length to expect can make the process easier and more efficient for you.

The Trial Phase

Most injury cases are settled outside of court through settlement negotiations. However, if there is no resolution your lawyer might decide to proceed to trial. This can be a difficult costly and time-consuming process. The jury will also have to decide if you should be paid for your injuries and should they, if so, in what amount. Your lawyer should thoroughly investigate your case to understand the circumstances of your injuries, the severity of the injuries, damages and the costs.

Your attorney will now summon witnesses and experts and present evidence, such as photos documents, documents, and medical reports. This is the "case-in-chief" phase. The defense attorney will summon witnesses to testify for argument against the plaintiff, and argue that plaintiffs should not be awarded damages. The jury or judge will then consider the evidence and arguments offered by both parties.

The judge will then outline the legal requirements which must be followed for the jury to rule for the plaintiff and against the defendant. This is referred to as jury instruction. Each side will then present its closing arguments. If the jury fails to reach a consensus on a verdict and the judge decides to declare a mistrial. In some cases an appeal could be available in the event that you are unhappy with the outcome of your trial.