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Injury Litigation

Legally, it is the procedure which allows you to claim compensation for your losses and injuries. The lawyer representing you will utilize strong evidence to prove your case, including eyewitness testimony from witnesses, medical records, defendant's statements, and expert witness opinions.

Your lawyer will bring your lawsuit. Once the defendant has responded to your lawsuit, the case goes into the stage of fact-finding, which is known as discovery.

The Complaint

Before filing a lawsuit the person who has been injured (plaintiff) must conduct a pre-lawsuit investigations. This involves studying police accident reports, making informal discovery and identifying possible liable parties.

The plaintiff can then file a summons with a complaint. The complaint identifies the party that is being sued and exposes the harm caused by the defendant's conduct or lack thereof. It typically contains a request for compensation for medical expenses, lost income, suffering and pain, and other damages related to their injuries.





The defendant is then given 30 days to file a reply which is referred to as an answer or answer, in which they accept or deny the allegations made in the complaint. They can also file a counterclaim or add a third-party defendant the suit.

During the discovery phase where both sides exchange pertinent information regarding their respective positions and evidence in the case. This includes depositions (also known as interrogatories), written questions (also known as interrogatories), as well as requests for documents. This usually takes up the majority of the timeline for the lawsuit. If there are settlement possibilities they will be made during this period. The case will go to trial if there's no settlement. During this time your lawyer will explain your case before a judge or a jury and the defendant will put on their defense.

The Discovery Phase

Discovery is a formal stage that permits you and your legal team to exchange information with the other party and collect evidence. This could include witness statements, specifics about your medical treatment and proof of the losses you have incurred. Your attorney can also use several different tools during discovery to assist your case, including interrogatories, documents requests and depositions. Interrogatories are written inquiries that require a response written while requests for documents requires the submission of all relevant documents under the control of each party. Requests for admission ask the other party to accept certain facts, which can save time and money as attorneys do not need to prove these undisputed facts in court. Depositions are live interviews of witnesses in which your attorney can inquire about the incident under oath. They will get their answers recorded, and then transcribed by a court reporter.

Although it may appear to be an lengthy, intrusive and uncomfortable process, it is a necessary step to gather the evidence required to win your case. During your consultation for free with your attorney, you can discuss the specifics of the discovery process. If injury law firm brockton try to hide an injury that has already been aggravated due to a preexisting medical condition the information could be discovered during discovery and your case could be thrown out.

The Negotiation Phase

Most cases of injury aim to reach a settlement through negotiation. The process typically involves a back and between your lawyer and that of the responsible party's insurer. This may include informal conversations/correspondence (by phone, in meetings, by email) where the parties trade offers and counter-offers. Your lawyer can help decide on a number to demand your settlement, and then assist in negotiations.

The amount of damages, such as medical bills, lost wages and future losses, is a variable that changes. Your injuries may get worse over time. This could increase future losses or reduce the value of current losses. Your attorney will ensure that your damages are determined based on your current injuries and the likelihood of future recovery.

Insurance companies typically attempt to limit the amount they pay by challenging certain elements of your claim. This could lead to a delay in settlement negotiations. However, your lawyer will have strategies to help you overcome these obstacles and get the best outcome for your case. Negotiating an agreement can sometimes take months or years. Many factors affect the length of time settlement negotiations last, but knowing the length to expect will make the process easier and more efficient for you.

The Trial Phase

Most injury cases are resolved without court through settlement negotiations. If an agreement is not reached your lawyer might decide to bring the case to trial. This is a costly lengthy and time-consuming procedure that can be stressful. The jury also has to decide whether the defendant should be responsible for your injuries, and what amount of compensation you should receive. It is crucial for your lawyer to thoroughly investigate your case at this point to fully comprehend the way you were injured and the extent of your injuries, the damages and expenses.

At this moment, your lawyer will summon witnesses and experts to testify. They will also provide evidence physical such as documents, photographs and medical reports. This is the "case-in-chief" phase. The defense attorney will summon witnesses to testify as a counter argument and argue that plaintiffs shouldn't be awarded damages. The judge or jury weighs the arguments and evidence of both sides.

The judge will explain to the jury the legal requirements which must be met in order for them to decide in the favor of plaintiff or against defendant. This is called jury instruction. Then, each side presents their closing arguments. If the jury cannot agree on a verdict the judge will declare the trial an unconstitutional trial. If you are not happy with the outcome of your trial, there could be an appeal available.