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Injury Litigation

Legally, it is a process by which you can recover compensation for your injuries and losses. The lawyer representing you will utilize strong evidence to support your case, including eyewitness testimony from witnesses, medical records, defendant's statements, and expert witness opinions.

Your lawyer will start the lawsuit. After the defendant has replied, the case moves into a stage of fact-finding called discovery.

The Complaint

Before a lawsuit is filed the person who was injured (plaintiff) must conduct a pre-lawsuit investigation. This includes reviewing police accident reports and conducting informal discovery and identifying potentially liable parties and legal remedies that can be filed against them.

The plaintiff may then file an order with a complaint. The complaint is a formal declaration of the party who is being sued, and describes the harm caused by the defendant's conduct or 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 then has 30 days to file a reply called an answer or answer, in which they accept or deny the allegations contained in the complaint. They may also file a counterclaim or add a third-party defendant to the suit.

During the discovery phase, both parties will exchange pertinent information about their positions and the evidence. This phase includes depositions (also known as interrogatories), written questions (also called interrogatories), as well as requests for documents. This phase typically accounts for the most of the timeline for lawsuits. During this phase, if there are any settlement possibilities they will be discussed. The case will go to trial if there is no settlement. In this instance your attorney will be able to give your argument before a judge or a jury and the defendant will put on their defense.

injury lawsuit milpitas is a formal stage that permits you and your legal team to share information with the other party and gather evidence. This could include witness testimony, details of your medical treatment, as well as proof of losses you have suffered. Your attorney can also use different tools during discovery to aid your case, such as interrogatories and requests for documents and depositions. Interrogatories are written queries that require a response written and requests for documents involve requesting all relevant documents that fall under the control of each party. Requests for admissions require the other party to accept certain facts, which can help save time and money because lawyers do not have to prove these facts during trial. Depositions are live interviews with witnesses, where your attorney can ask them questions regarding the incident under oath. Their answers will be recorded and transcribed.

Discovery may seem like an uncomfortable, lengthy and tedious process, but it is essential to collect the evidence required to prove your injury claim. During your consultation for free your attorney will be able discuss the details of the discovery process. If you attempt to conceal an injury that is preexisting and has gotten worse due to a preexisting medical condition This information could be discovered during the process of discovery and your case could be dismissed.

The Negotiation Phase

The majority of injury cases seek to settle the case through negotiation. The process of achieving this goal usually 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 assist you decide on a number to demand for your settlement and assist in negotiations.

One of the difficulties of the process of settling an injury case is that the amount you are owed including medical expenses as well as lost income and future losses - can be a volatile aspect. The severity of your injuries could increase over time, which can increase your future losses, and reduce the amount of your current losses. Your lawyer will ensure that your damages are dependent on the current condition of your injuries, and provide a full prognosis for future recovery.





Insurance companies usually attempt to limit the amount they pay by arguing against certain aspects of your claim. This could delay settlement negotiations however, your lawyer can provide strategies to help you get through these obstacles and get the best possible outcome for your case. Negotiating an agreement may take a long time or even years. Numerous factors influence the length of time that settlement negotiations be, but knowing what to expect will make the process less stressful and more effective for you.

The Trial Phase

Most cases involving injuries are settled outside of court through settlement negotiations. If there is no resolution the lawyer could decide to proceed to trial. This is a stressful, expensive and time-consuming process. The jury must also decide if you should be paid for your injuries and If so, what amount. It is crucial for your lawyer to thoroughly investigate your case in this phase to fully understand the way you were injured and the severity of your injuries, damages and costs.

Your lawyer will now call witnesses and experts, and will present physical evidence, such as photos documents, medical reports. This is known as the case-in chief phase. The defense attorney will call witnesses to testify on behalf of a argument against the plaintiff and argue that plaintiffs should not be awarded damages. The judge or jury weighs the evidence and arguments of both parties.

The judge will then discuss the legal standards that must be met in order for the jury to decide for the plaintiff and against the defendant. This is referred to as jury instruction. Then, each side presents their closing arguments. If the jury is unable to agree on a decision, the judge will declare that the trial is a mistrial. In some rare cases, an appeal may be available if not satisfied with the result of your trial.