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Injury Litigation
The legal process which allows you to claim compensation for your injuries and losses. Your injury lawyer will develop solid evidence for your case, including eyewitness testimony, medical records in the form of defendant statements, expert witness opinions.
Your lawyer will then begin to file your lawsuit. When the defendant has responded and the case is moved to the discovery phase, which is a process of finding facts.
The Complaint
Before a lawsuit can be filed, the injured party (plaintiff) must conduct pre-lawsuit discovery. This entails reviewing police accident reports and conducting informal discovery and identifying any potentially liable parties and legal remedies that can be argued against them.
Once the plaintiff has done this, they can start a summons as well as a complaint. The complaint describes the harm caused by the defendant or his inaction. It usually includes a request to recover damages for the victim's injuries, including medical bills as well as lost wages along with pain and suffering and other damages.
The defendant will then have 30 days to file a response or answer, in which they admit or deny the allegations contained in the complaint. injury lawyer kentucky may also make an additional counterclaim or add a third-party defendant the suit.
During the discovery phase in the discovery stage, both parties exchange relevant information regarding their positions and evidence. This involves depositions (also called interrogatories) as well as written questions (also called interrogatories), as well as requests for documents. This is typically the majority of the timeframe for a lawsuit. If settlement opportunities are available these will occur during this period. Otherwise the case will proceed to trial. During this period your lawyer will present your perspective before a judge or a 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 could include witness statements, details about your medical treatment and evidence of the losses you have incurred. Your attorney will have access to a variety of tools to aid you in discovery, such as interrogatories or requests for documents. Interrogatories are questions that require a response written while requests for documents requires the submission of all relevant documentation that is under the control of the parties. Requests for admissions require the other party to acknowledge certain facts. This can save time and money since attorneys do not need to prove these facts in court. Depositions are live interviews of witnesses where your attorney can question them about the incident under oath, and have their answers recorded and transcribing by a court reporter.
Although it may appear to be an lengthy painful, invasive and uncomfortable process, it is a necessary step to gather the evidence necessary for winning your injury case. During your consultation for free the attorney will be able to explain the details of the discovery process. If you try to hide an injury that has already been aggravated due to a medical condition that was already present This information could be found out during discovery and your case could be dismissed.
The Negotiation Phase
Reaching a negotiated settlement is the primary goal in most injuries. This process usually involves an exchange of back-and forth between your lawyer and 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 determining the amount of settlement that you want to seek and assist with negotiations.
One of the issues with settlement of an injury claim is that the amount of your damages including medical expenses, lost income, and future losses - can be a volatile aspect. Your injuries may get worse over time. This could lead to a rise in future loss or reduce the value of current losses. Your attorney will ensure that your damages are determined based upon your current injuries and your prognosis for future recovery.
Insurance companies usually attempt to limit the amount they pay by arguing about certain aspects of your claim. This can prolong settlement negotiations however, your lawyer has strategies to help you overcome these difficulties and achieve the best possible outcome for your case. Negotiating an agreement can sometimes take a long time or even years. There are many factors that 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
Most injury cases are settled outside of court through settlement negotiations. If an agreement is not reached the lawyer could decide to proceed to trial. This is an expensive lengthy, time-consuming and stressful procedure. The jury must also decide if you are paid for your injuries and should they, if so, in what amount. It is crucial for your lawyer to thoroughly research your case in this phase to fully comprehend the way you were injured and the extent of your injuries, damages and costs.
Your attorney will then call witnesses and experts and present physical evidence, such as photographs or documents as well as medical reports. This is known as the case-in-chief phase. The defense attorney will summon witnesses to testify on behalf of a defense, and argue that plaintiffs shouldn't be awarded damages. The judge or jury will then take into consideration the evidence and arguments put forward by both parties.
The judge will then discuss the legal standards to be met in order for the jury to decide for the plaintiff and against the defendant. This is referred to as jury instruction. Afterwards, each side makes their closing arguments. If the jury cannot reach an agreement on a verdict the judge will declare the trial an unconstitutional trial. If you're not satisfied with the outcome of your trial, there could be an appeal to be made.
