Injury Litigation
Injuries litigation is a legal process by which you can claim compensation for your injuries and losses. Your lawyer will use strong evidence to prove your case. This includes eyewitness testimony, medical records in the form of statements from the defendant, as well as expert witness opinions.
Your lawyer will bring your lawsuit. Once the defendant has responded to your lawsuit, the case goes into the phase of fact-finding known as discovery.
The Complaint
Before a lawsuit is filed the person who was injured (plaintiff) must conduct a pre-lawsuit investigations. This involves reviewing police accident reports, conducting informal discovery and identifying potential liable parties.
The plaintiff is then able to file a summons with a complaint. The complaint is a formal declaration of the party that is being sued and exposes the harm caused by the defendant's conduct or inaction. It typically includes a request for compensation for medical expenses loss of income, suffering and other damages arising from their injury.
The defendant then has 30 days to file a response, known as an answer, in which they admit or deny the allegations in the complaint. They may also include an additional defendant, or file counterclaims.
During the discovery stage the parties will exchange pertinent information about their positions and evidence. This involves depositions (also called interrogatories), written questions (also called interrogatories) as well as requests for documents. This usually accounts for the major portion of the litigation timeline. If settlement opportunities are available that are available, they will be negotiated during this period. The case will then proceed to trial if there is no settlement. In this instance your attorney will be able to present your side of the story to a jury or judge and the defendant will put on their defense.
The Discovery Phase
Discovery is a formal process that permits you and your legal team to exchange information with the other party and gather evidence. This can include witness statements, specifics regarding your medical treatment, as well as proof of the damages you've suffered. Your attorney can also use several different tools in discovery to help your case, such as interrogatories, requests for documents and depositions. Requests for documents are requests to provide all relevant documents that are within each party's control. Interrogatories require written responses. Requests for admission are written demands to the other side asking for them to acknowledge certain facts. This could save time and money since the attorneys don't need to prove the facts during trial. injury lawsuit north charleston are live conversations with witnesses where your attorney is able to inquire about the incident under oath, and have their answers recorded, and then transcribed by a court reporter.
While discovery may seem like a lengthy painful, invasive and uncomfortable process however, it is an essential step to gather the evidence required to win your injury claim. Your attorney will be capable of discussing the details of the discovery process in your free consultation. For example, if you attempt to conceal a preexisting health issue that caused your injury to get worse it could be discovered during the discovery process and then thrown out of your case.
The Negotiation Phase
The negotiation of a settlement is the main goal of many injuries. The process of reaching this goal usually involves a back-and-forth exchange between your lawyer and the responsible party's 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 choose the appropriate number to demand your settlement and assist in negotiations.
The amount of damage, which includes medical bills, lost wages, and future losses, is a variable that is constantly changing. Your injuries may worsen over time, which may increase your future losses, and reduce the value of your current losses. Your lawyer will ensure that damages are determined based on the severity of your injuries and the prognosis of the future recovery.
Often, insurance companies are trying to limit the amount they pay for claims by arguing against certain elements of your case. This can lead to delay in settlement negotiations. However, your lawyer can provide strategies to help you overcome these obstacles and achieve the best possible outcome for your case. In some cases, the process of negotiating an agreement can be lengthy, sometimes even for years. Negotiations can last for several months or even years, depending on a variety of factors.
The Trial Phase
Most injury cases are settled outside of court through settlement negotiations. If an agreement is not reached your lawyer could decide to bring the case to trial. This can be a costly, time-consuming and stressful process. The jury will also have to decide if you are paid for your injuries and in the event that they do, how much. Your lawyer must thoroughly research your case to determine the circumstances surrounding your injuries, the severity of injuries, damages, and the costs.
Your attorney will now summon witnesses and experts and present evidence, like photographs documents, medical reports. This is known as the "case-in-chief" phase. The defense attorney will call witnesses to testify in rebuttal and argue why the plaintiff should not be awarded damages. The judge or jury will then review the evidence and arguments offered by both parties.
The judge will explain to the jury the legal requirements that must be met in order to decide in the favor of plaintiff or against defendant. This is known as jury instruction. Then, each side presents their closing arguments. If the jury is unable reach a consensus and the judge declares a mistrial. In rare instances appeals may be available if you are unhappy with the outcome of your trial.