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Injury Litigation

Legally, it is the procedure that allows you to collect compensation for your injuries and losses. Your lawyer will create solid evidence for your case that includes eyewitness testimony, defendant statements and expert witness opinions.

Your lawyer will start the lawsuit. After the defendant has reacted to the lawsuit, the case will move into the phase of fact-finding known as discovery.

The Complaint

Before the lawsuit can be filed, an injured party (plaintiff) must conduct pre-lawsuit discovery. This entails reviewing police accident reports, conducting informal discovery, and identifying potential liable parties and available causes of action that could be filed against them.

After the plaintiff has completed this, they are able to file a summons and complaint. The complaint details the damage caused by the defendant or his inaction. It usually includes a request for compensation for the victim's medical bills as well as lost income, pain and suffering, and other damages resulting from their injuries.

The defendant then has 30 days to file a response, known as an answer in which they either admit or deny the allegations contained in the complaint. They may also file an appeal or add a third-party defendant the suit.

During the discovery phase during the discovery phase, both parties will share pertinent information about their positions and the evidence. This usually includes depositions, written questions (called interrogatories) and requests for documents. injury claim redwood city takes up the majority of the timeline for a lawsuit. If there are settlement opportunities they will be made during this time. The case will then go to trial if there is no settlement. During this period the attorney will give your case to a judge or jury and the defendant will put on their defense.

The Discovery Phase

The discovery phase is a formal process that allows your legal team and the at-fault party to exchange information and collect evidence. This may include witness statements, specifics about your medical treatment and evidence of the losses that you have suffered. Your attorney may use a variety tools to assist you during discovery, including interrogatories as well as requests for documents. Requests for documents are essentially requests to provide all relevant documentation which is within each party's control. Interrogatories require written responses. Requests for admissions ask the other side to admit certain facts. This could help save time and money because the attorneys do not have to prove these uncontested facts at trial. Depositions are live discussions with witnesses. Your attorney can ask them questions about the incident while under an oath. Their responses will be recorded and transcribed.

While it might seem like a long unpleasant, time-consuming and uncomfortable process but it is an essential step to gather the evidence necessary to win your injury case. Your lawyer will be willing to go over the specifics of the discovery process with you during your free consultation. If you attempt to conceal a preexisting injury that worsened due to a preexisting medical condition The information could be discovered during the process of discovery and your case could be thrown out.

The Negotiation Phase

Most injury cases aim to settle through negotiation. The process of achieving this goal typically involves an exchange of information between your lawyer and the responsible party's 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 decide on a number to demand for your settlement, and then assist in negotiations.

The amount of damages, including medical bills, lost wages, and future losses, is an aspect that is dynamic. 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 work to ensure that your damages are determined by the current state of your injuries and a full prognosis for future recovery.





Insurance companies typically try to limit their payout by arguing against certain aspects of your claim. This can prolong settlement negotiations but your lawyer will have strategies to help you navigate these issues and get the most favorable outcome for your case. In some cases, the process of negotiating an agreement could be a long process that can take months or even years. Negotiations can take months or even years depending on a variety of factors.

The Trial Phase

The majority of injury cases are settled outside of court through settlement negotiations. If an agreement is not reached the lawyer could decide to bring the case to trial. It is a costly, time-consuming and stressful process. It also requires the jury to decide whether the defendant should be responsible for your injuries and what amount of compensation you are entitled to. It is crucial for your lawyer to thoroughly research your case in this phase to fully comprehend how you were injured, the extent of your injuries, the damages and expenses.

Your attorney will now summon witnesses and experts and present physical evidence, like photographs, documents, and medical reports. This is known as the "case-in-chief" phase. The defense attorney will call witnesses to testify in rebuttal and argue as to why the plaintiff should not be awarded damages. The judge or jury will then look at the evidence and arguments offered by both parties.

The judge will then outline the legal requirements that must be met for the jury to rule for the plaintiff and against the defendant. This is referred to as jury instruction. After that, both sides present their closing arguments. If the jury is unable to reach a consensus on a verdict then the judge declares a mistrial. If you are not happy with the result of the trial, there could be an appeal available.