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Injury Litigation

Injury litigation is the legal process which allows you to claim compensation for your losses and injuries. The lawyer representing you will utilize strong evidence to support your case, such as eyewitness testimonies, medical documentation defense counsel's statements, defendant's testimony, and expert witness opinions.

Your lawyer will bring your lawsuit. After the defendant responds, the case enters the discovery phase, which is a process of finding facts.

The Complaint

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

After the plaintiff has completed this, they can make a complaint and summons. The complaint outlines the harm caused by the defendant's action or his actions. It typically contains a request for compensation for the victim's medical bills, lost income, suffering and pain, and other damages that result from their injuries.

The defendant has 30 days to respond, referred to as an answer. In this response, the defendant is able to acknowledge or deny the allegations made in the complaint. injury law firm hialeah can also include an additional defendant from a third party or file counterclaims.

During the discovery phase in the discovery phase, both sides will exchange pertinent information regarding their positions and the evidence they have in the case. This typically involves depositions written questions (called interrogatories) and requests for documents. This typically comprises the majority of the lawsuit timeline. If settlement opportunities are available these will occur during this time. Otherwise the case will proceed to trial. During this period your lawyer will explain your story to a jury or judge 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 can include witness testimony and details about your medical treatment, and proof of losses you have suffered. Your attorney will have access to a variety of tools to assist you during discovery, such as interrogatories or requests for documents. Interrogatories are questions that require a written answer and requests for documents involves requesting all relevant documentation that is under the control of the parties. Requests for admission are letters to the other side asking for their admission to certain facts. This could save time and cost as the attorneys do not have to prove their case at trial. Depositions are recorded interviews with witnesses where your attorney can question them about the incident under oath and get their answers recorded and translated by a court reporter.

Discovery can be an uncomfortable, lengthy and intrusive process, but it is essential to gather the evidence you require to be successful in your claim for compensation. During your free consultation the attorney will be able discuss the details of the discovery process. If you try to hide a preexisting injury that worsened due to a preexisting medical condition The information could be discovered during discovery and your case could be thrown out.

The Negotiation Phase

Most injury cases aim to settle through negotiations. The process of reaching this goal is usually 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 help you decide on the number you want to request for your settlement and assist in negotiations.

One of the difficulties of settlement of an injury claim is that the amount of your damages which includes medical bills, lost income, and future losses - can be a volatile aspect. Your injuries may worsen as time passes, which could increase your future losses, and reduce the amount of your current losses. Your lawyer will ensure that your damages are determined based on your current injuries and the likelihood of the future recovery.

Insurance companies frequently try to limit their payout by arguing against certain aspects of your claim. This could result in delays in settlement negotiations. However, your lawyer can provide strategies to help you overcome these hurdles and obtain the best outcome for your case. In some instances, the process of negotiating an agreement could be lengthy, sometimes even for years. Numerous factors influence how long settlement negotiations take, but knowing what to expect can make the process less stressful and more efficient for you.

The Trial Phase

Most injury cases are resolved without court through settlement negotiations. If an agreement is not reached the lawyer could decide to proceed to trial. This can be a difficult, expensive and time-consuming process. The jury will also have to decide if you are compensated for your injuries, and should they, if so, in what amount. It is therefore important for your lawyer to thoroughly investigate your case at this point to fully understand the nature of your injuries, the extent of your injuries, damages and expenses.





At this moment, your lawyer will call witnesses as well as experts to testify and present evidence of physical nature, such as documents, photographs, and medical reports. This is known as the case-in chief phase. The defense attorney will then call witnesses to testify and argue that the plaintiff shouldn't be awarded damages. The jury or judge decides on the arguments and evidence of both parties.

The judge will explain to jurors the legal standards that must be met in order to decide whether to go in favor of plaintiff or against defendant. This is referred to as jury instruction. Afterwards, each side makes their closing arguments. If the jury is unable to reach a consensus and the judge declares a mistrial. If you're not satisfied with the result of your trial, there may be an appeal option.