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Injury Litigation

The process of suing for injury is a legal procedure that allows you to seek compensation for your losses and losses. The lawyer representing you will utilize strong evidence to support your case, which includes eyewitness testimonies, medical documentation as well as the statements of the defendant and expert witness opinions.

injury law firm lakewood will begin the process of filing your lawsuit. When the defendant has responded to the lawsuit, the case moves to a fact-finding stage called discovery.





The Complaint

Before a lawsuit is filed, an injured person (plaintiff) must conduct pre-lawsuit discovery. This includes reviewing police accident reports as well as conducting informal discovery and identifying any potentially liable parties and available legal remedies that can be brought against them.

The plaintiff then has the option of filing a summons with a complaint. The complaint identifies the party who is being sued. It also describes the harm that was caused by the defendant's actions or inaction. It typically includes a demand to recover damages to compensate the victim for their injuries, including medical bills as well as lost wages, pain and suffering and other damages.

The defendant is then given 30 days to file a response which is referred to as an answer, in which they admit or deny the allegations contained in the complaint. They may also make counterclaims or include a third-party defendant in the suit.

During the discovery phase where both sides exchange relevant information about their positions and evidence in the case. This typically includes depositions, written questions (called interrogatories), and requests for documents. This process usually occupies the majority of the timeframe for an action. If settlement opportunities are available that are available, they will be negotiated during this period. Otherwise the case will proceed to trial. During this period your lawyer will explain your side before a judge or jury and the defendant will defend themselves.

The Discovery Phase

The discovery phase is a formal process that allows your legal team and the party at fault to exchange information and collect evidence. This may include witness testimony and details about your medical treatment, as well as evidence of losses you've suffered. Your lawyer may also employ different tools during discovery to aid your case, such as interrogatories, requests for documents and depositions. Requests for documents are the requests to supply all relevant documentation that are within each party's control. Interrogatories require written responses. Requests for admission are letters to the other party asking them to accept certain facts. This will save time and money since the attorneys do not have to prove the facts at trial. Depositions are live discussions with witnesses, during which your attorney can ask them questions regarding the incident while under the oath. Their responses will be recorded and then transcribed.

Discovery may seem like an uncomfortable, lengthy and time-consuming process, however it is essential to gather the evidence you require to prove your injury claim. Your lawyer will be willing to go over the specifics of the discovery process with you during your no-cost consultation. If you try to hide an injury that is preexisting and has gotten worse due to a medical condition that was already present, this information may be found out during discovery and your case could be thrown out.

The Negotiation Phase

A settlement that is negotiated is the primary goal in most injury cases. The process of achieving this goal typically 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 help you decide on the number you want to ask for your settlement and can then assist in negotiations.

One of the issues with settlement of an injury claim is that the amount of your damages (including medical bills, lost income, and future losses - is an evolving factor. Your injuries could get worse over time, which could increase your losses in the future and decrease the value of your current losses. Your lawyer will ensure that damages are calculated based on your current injuries and the likelihood of future recovery.

In many cases insurance companies try to limit their payout for claims by arguing against some elements of your case. This could result in a delay in settlement negotiations. However, your lawyer has strategies to help you overcome these obstacles and get the best possible outcome for your case. In some instances, the process of negotiating an agreement could take months or even years. There are many factors that affect the length of time settlement negotiations take, but knowing what to expect can make the process less stressful and more effective for you.

The Trial Phase

Although the majority of injury cases are resolved through settlement negotiations outside of court, your lawyer may choose to take your case to trial if a fair resolution is not reached. This can be a costly and time-consuming process that can be stressful. It also requires the jury to decide whether the defendant is held accountable for your injuries and how much money you are entitled to. Therefore, it is essential for your lawyer to thoroughly investigate your case in this phase to fully comprehend the nature of your injuries and the severity of your injuries, damages and expenses.

At this point, your lawyer will summon witnesses and experts to testify. They will also provide evidence physical such as photographs, documents and medical reports. This is 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 receive damages. The judge or jury will then consider the evidence and arguments made by both parties.

The judge will explain to jurors the legal standards that must be met in order to decide in the favor of plaintiff or against defendant. This is known as jury instruction. Each side then makes its closing arguments. If the jury is unable to agree on a final verdict, the judge will declare the trial a mistrial. In rare instances appeals may be available in the event that you are unhappy with the outcome of your trial.