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Injury Litigation Injury litigation is the legal process that allows you to collect compensation for your injuries and losses. Your injury lawyer will use strong evidence to prove your case, including eyewitness testimony from witnesses, medical records as well as the statements of the defendant and expert witness opinions. Your lawyer will then file your lawsuit. After the defendant has replied, the case moves into an investigation of facts, also known as discovery. The Complaint Before filing a lawsuit, the injured person (plaintiff), must conduct an investigation prior to the filing of a lawsuit. This includes reviewing police accident reports as well as conducting informal discovery and identifying any potentially liable parties and available legal remedies that can be asserted against them. The plaintiff is then able to file a summons along with a complaint. The complaint outlines the harm caused by the defendant's actions or his actions. injury attorney vacaville will include a demand for compensation to compensate the victim for their injuries, including medical bills as well as lost wages, pain and suffering and other damages. The defendant has 30 days to respond, referred to as an answer. In this response, the defendant has the option to acknowledge or deny the allegations made in the complaint. They can also add a third party defendant or make an appeal. During the discovery stage, both parties will exchange pertinent information about their positions and evidence. This typically includes depositions, written questions (called interrogatories) and requests for documents. This phase usually takes up the majority of the timeline for the lawsuit. In this stage, if there are any settlement possibilities that are discussed, they will be discussed. Otherwise the case will go to trial. During this time your lawyer will present your side of the story to a jury or judge and the defendant will defend themselves. The Discovery Phase Discovery is a formal stage that allows you and your legal team to exchange information with the other party and collect evidence. It could include witness statements or details of your medical treatment, and evidence of losses you've suffered. Your attorney will have access to a variety of tools to aid you in discovery, including interrogatories as well as requests for documents. Interrogatories are written questions that require a response written while requests for documents involve requesting all relevant documents that fall under the control of each party. Requests for admission ask the other side to admit certain facts, which can reduce time and cost since lawyers do not have to prove the facts uncontested at trial. Depositions are live discussions with witnesses, where your attorney can ask them questions regarding the incident under the oath. Their responses will be recorded and transcribed. Discovery may appear to be an uncomfortable, long and invasive process, but it's necessary to collect the evidence needed to win your injury claim. Your lawyer will be in a position to discuss the details of the discovery process in your free consultation. For example, if you attempt to conceal a preexisting condition that has aggravated your injury, this information could be discovered in the process of discovery and dismissed from your case. The Negotiation Phase The majority of cases involving injuries aim to settle a case through negotiation. This process usually involves an exchange of back-and forth between your lawyer and the insurance company of the party responsible. This may include informal conversations/correspondence (by phone, in meetings, by email) where the parties trade offers and counter-offers. Your lawyer can assist in deciding the amount of settlements you would like to negotiate and help in negotiations. One of the difficulties of the process of settling a claim for injury is that the amount you are owed (including medical bills loss of income, future losses – is a dynamic aspect. Your injuries may get worse over time. This could increase future losses or diminish the value of current losses. Your attorney will work to ensure that your damages are determined by the current state of your injuries, and provide a full prognosis for future recovery. A lot of times insurance companies attempt to limit their payouts for claims by arguing against specific aspects of your case. This can lead to an inability to settle settlement negotiations. However your lawyer will have strategies to assist you in overcoming these obstacles and get the best possible outcome for your case. The process of negotiating an agreement can take months or years. Many factors affect how long settlement negotiations will be, but knowing what to expect can make the process easier and more efficient for you. The Trial Phase While the majority of injuries cases are resolved through settlement talks outside of court, your lawyer may decide to take your case to trial if an acceptable resolution is not attainable. It is a costly and time-consuming process that can be stressful. The jury must also decide if you should be compensated for your injuries, and should they, if so, in what amount. It is therefore important for your lawyer to conduct thorough research on your case at this point to fully understand the nature of your injuries and the extent of your injuries, the damages and costs. Your attorney will then call witnesses and experts and present physical evidence, such as photos documents, documents, and medical reports. This is known as the case-in chief phase. The defense attorney will summon witnesses to testify and argue why the plaintiff should not be awarded damages. The judge or jury then evaluates the arguments and evidence of both sides. The judge will explain to the jury the legal standards which must be met in order to decide whether to go in favor of plaintiff or against defendant. This is known as jury instruction. Each side then gives its closing arguments. If the jury is unable reach a decision and the judge decides to declare a mistrial. In some rare instances appeals might be available in the event that you are not satisfied with the results of your trial.