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Injury Litigation Injuries litigation is a legal procedure that allows you to claim compensation for your injuries and losses. Your lawyer will create solid evidence for your case, including eyewitness testimony, medical records in the form of defendant statements, expert witness opinions. Your lawyer will then begin to file your lawsuit. When the defendant has responded, the case enters an inquiry stage known as discovery. The Complaint Before filing a lawsuit the person who suffered the injury (plaintiff) must conduct a pre-lawsuit investigation. This includes reviewing police accident reports and conducting informal discovery and identifying potential liable parties and available causes of action that can be brought against them. Once the plaintiff has done this, they are able to make a complaint and summons. The complaint is a formal declaration of the party that is being sued and describes the harm caused by the defendant's conduct or lack thereof. It usually includes a request for 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 response called an answer, in which they admit or deny the allegations made in the complaint. They may also make an additional counterclaim or add a third-party defendant the suit. During the discovery stage the parties will exchange relevant information regarding their positions and the evidence. This typically involves depositions written questions (called interrogatories), and requests for documents. This usually takes up the majority of the timeframe for an action. If there are settlement possibilities these will occur during this time. The case will proceed to trial if there's no settlement. During this time, your attorney will tell your side before a judge or jury and the defendant will defend themselves. 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 may include witness testimony as well as details of your medical treatment, and proof of losses you have suffered. Your lawyer may also employ different tools during discovery to help your case, such as interrogatories and requests for documents and depositions. Interrogatories are questions that require a written answer while requests for documents requires the submission of all relevant documentation that is under the control of the parties. Requests for admissions ask the other party to accept certain facts, which can save time and money since attorneys do not need to prove the facts uncontested during trial. Depositions are live conversations with witnesses, where the attorney can interview them about the incident under oath, and have their answers recorded and transcribed by a court reporter. While it might seem like a long painful, invasive and uncomfortable process, it is a necessary step to gather the evidence needed to win your injury claim. During your consultation for free, your attorney will be able to explain the specifics of the discovery process. For instance, if try to hide a preexisting condition that has aggravated your injury and this information is discovered in the process of discovery and thrown out of your case. The Negotiation Phase The majority of injury cases seek to reach a settlement through negotiations. This usually involves a exchange of back and to and back-and-forth between your lawyer as well as 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 you decide on the number you want to demand your settlement, and then assist in negotiations. One of the biggest challenges in settlement of an injury claim is that the amount of your damages – including your medical bills, lost income, and future losses – is a constantly changing aspect. Your injuries could get worse over time, which could increase your future losses, and reduce the amount of your current losses. Your lawyer will ensure that your damages are determined by the current state of your injuries and an accurate prediction of your future recovery. Most often, insurance companies are trying to limit their payout for claims by arguing against certain elements of your case. This could delay settlement negotiations however, your lawyer has strategies to help you overcome these difficulties and achieve the most favorable outcome for your case. Negotiating an agreement may be a lengthy process that can take months or years. Negotiations can last for several months or even years, depending on many factors. The Trial Phase Most cases involving injuries are settled outside of court through settlement negotiations. However, if the resolution isn't reached your lawyer could decide to go to trial. It is a stressful long, expensive and costly process. It also requires the jury to decide if the defendant should be accountable for your injuries and the amount you will receive. Therefore, it is essential for your lawyer to thoroughly research your case in this phase to fully understand how you were injured, the extent of your injuries, the damages and costs. At this point, your lawyer will summon witnesses and experts to testify. They will also present physical evidence such as documents, photographs and medical reports. This is known as the “case-in-chief” phase. The defense attorney will summon witnesses to testify for counter argument, and argue that the plaintiff should not be entitled to damages. The jury or judge weighs the arguments and evidence of both parties. The judge will then outline the legal standards which must be followed for the jury to rule for the plaintiff and against the defendant. This is known as jury instruction. Each side then presents its closing arguments. If injury case buffalo is unable agree on a verdict 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 result of your trial.