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Injury Litigation Injury litigation is a legal procedure that allows you to recover compensation for your injuries and losses. Your injury lawyer will use strong evidence to support your case. This includes eyewitness testimony, medical records, defendant's statements, and expert witness opinions. Your lawyer will file your lawsuit. Once the defendant has responded and the case is moved to an investigation stage, also known as discovery. The Complaint Before the lawsuit can be filed, an injured party (plaintiff) must conduct pre-lawsuit discovery. This includes studying police accident reports, conducting informal discovery and identifying possible defendants. The plaintiff then has the option of filing a summons with a complaint. The complaint outlines the harm caused by the defendant's action or his inaction. It typically includes a demand for compensation for injuries suffered by the victim, including medical bills and lost wages as well as pain and suffering, among other damages. The defendant has 30 days to respond, also referred to as an answer. In injury law firm bakersfield , the defendant has the option to admit or deny any claims made in the complaint. They can also file an additional counterclaim or add a third-party defendant to the suit. During the discovery phase during the discovery phase, both sides will share relevant information about their respective positions and evidence in the case. This typically includes depositions, written questions (called interrogatories) and requests for documents. This phase usually takes up most of the time for the lawsuit. If there are settlement opportunities they will be made during this period. If not, the case will progress to trial. During this time the attorney will present your side of the story before a judge or jury and the defendant will defend themselves. The Discovery Phase The discovery phase is a formal procedure that allows your legal team and the at-fault party to exchange information and collect evidence. This could include witness testimony and details about the treatment you received from your doctor, and proof of losses you have suffered. Your attorney can utilize a variety of tools to aid you in discovery, such as interrogatories and requests for documents. Interrogatories are written inquiries which require a response in writing as well as requests for documents require the submission of all relevant documents that fall under the control of each party. Requests for admission are written requests to the other party requesting for them to acknowledge certain facts. This could save time and money since attorneys do not have to prove their case during trial. Depositions are recorded interviews with witnesses in which your attorney can question them about the incident under oath. have their answers recorded and translated by a court reporter. Discovery may seem like an uncomfortable, lengthy and tedious process, but it is essential to collect the evidence required to win your injury claim. During your free consultation your attorney will be able to explain the specifics of the discovery process. If you attempt to conceal an injury that is preexisting and has gotten worse due to a preexisting medical condition the information could be discovered during discovery and your case could be thrown out. The Negotiation Phase The negotiation of a settlement is the goal of most injuries. The process typically involves a back and with your lawyer and the insurer of the responsible party. 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 on the number of settlements you would like to negotiate and help in negotiations. The amount of damages, including medical bills, lost wages and future losses, is an aspect that is always changing. Your injuries can get worse over time. This could cause further loss or reduce the value of your current losses. Your attorney will ensure that damages are determined based on the severity of your injuries and your prognosis for future recovery. Insurance companies often try to limit their payout by arguing about certain aspects of your claim. This could lead to delays in settlement negotiations. However, your lawyer will have strategies to help you overcome these obstacles and achieve the best outcome for your case. In certain cases the process of negotiating an agreement could take months or even years. Negotiations can take months or even years depending on various factors. The Trial Phase While the majority of injuries cases are resolved through settlement negotiations outside of court, your attorney may decide to take your case to trial if a fair solution is not reached. This is an expensive and time-consuming process that can be stressful. The jury will also have to decide if you are paid for your injuries and If so, what amount. It is therefore crucial for your lawyer to thoroughly research your case at this stage to fully understand how you were injured and the severity of your injuries, damages and costs. At this stage, your attorney will summon witnesses and experts to testify and provide evidence physical such as documents, photographs, and medical reports. This is the “case-in-chief” phase. The defense attorney will call witnesses to testify on behalf of a counter argument and argue that the plaintiff should not receive damages. The judge or jury then evaluates the evidence and arguments of both sides. The judge will explain to the jury the legal standards that must be followed in order to decide in the favor of the plaintiff or against the defendant. This is known as jury instruction. Each side then gives its closing arguments. If the jury is not able to agree on a verdict the judge will declare that the trial is a mistrial. If you're not satisfied with the outcome of your trial, there could be an appeal option.