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Injury Litigation Injury litigation is a legal procedure through which you can seek compensation for your losses and losses. Your injury attorney will build strong evidence in your case that includes eyewitness testimony, defendant statements and expert witness opinions. Your lawyer will then file your lawsuit. Once the defendant has responded then the case goes to an inquiry stage known as discovery. The Complaint Before the lawsuit can be filed, an injured person (plaintiff) must conduct pre-lawsuit discovery. This includes reviewing police accident reports and conducting informal discovery and identifying any potentially liable parties and available causes of action that may be argued against them. The plaintiff can then file a summons with a complaint. The complaint identifies the party that is being sued and describes the harm that was caused by the defendant's conduct or inaction. It typically contains a request for compensation for medical expenses as well as lost income, suffering and pain, as well as other damages resulting from their injury. The defendant has 30 days to respond, referred to as an answer. In this response, the defendant may accept or deny the allegations made in the complaint. They may also include an additional defendant from a third party or file a counterclaim. During the discovery phase during the discovery phase, both sides will share relevant information about their positions and the evidence in the case. This phase includes depositions (also known as interrogatories), written questions (also called interrogatories), as well as requests for documents. This is typically the majority of the lawsuit timeline. If there are settlement opportunities that are available, they will be negotiated during this time. In the event that there is no settlement the case will proceed to trial. During this period your attorney will be able to explain your case to a judge or jury and the defendant will take on their defense. The Discovery Phase Discovery is a formal phase that permits you and your legal team to share information with the other party and gather evidence. This may include witness testimony or details of your medical treatment, as well as evidence of losses you've suffered. Your lawyer can also make use of several tools during discovery to help your case, including interrogatories, requests for documents and depositions. Requests for documents are the requests to provide all relevant evidence which is within each party's control. Interrogatories require written responses. Requests for admission require the other party to admit certain facts. This could save time and money since the attorneys do not have to prove these undisputed facts during trial. Depositions are live, in-person interviews with witnesses, during which your attorney can ask them questions regarding the incident while under oath. Their responses will be recorded and transcribed. Although discovery can appear to be a long painful, invasive and uncomfortable process, it is a necessary step to gather the evidence you need to win your case. Your lawyer will be capable of discussing the details of the discovery process with you during your no-cost consultation. For instance, if try to hide a prior condition that has aggravated your injury it could be discovered in the process of discovery and then thrown out of your case. The Negotiation Phase The negotiation of a settlement is the aim of the majority of injury cases. This usually involves a exchange of back and to and back-and-forth between your lawyer as well as that of 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 help you determine the best number to request for your settlement and can then assist in negotiations. One of the challenges of the process of settling an injury case is that the amount of your damages which includes medical bills as well as lost income and future losses – is a constantly changing factor. Your injuries could get worse over time. This could lead to a rise in future loss or reduce the value of your current losses. Your attorney will ensure that damages are calculated based on your current injuries and your prognosis for future recovery. Most often insurance companies are trying to limit their payouts for claims by challenging certain aspects of your case. This can prolong settlement negotiations, but your lawyer has strategies to help you get through these difficulties and achieve the most favorable outcome for your case. The process of negotiating an agreement can take months or years. Negotiations can last for months or even a whole year based on various factors. The Trial Phase Although the majority of injury cases are resolved through settlement talks outside of court, your lawyer may decide to bring your case to trial if a fair resolution is not attainable. This is an expensive, time-consuming and stressful process. The jury also has to decide whether the defendant should be held accountable for your injuries, and the amount you should be awarded. Your lawyer must thoroughly investigate your case to determine the circumstances surrounding your injury, the extent of damages, injuries and the costs. Your attorney will then call witnesses and experts, and will present physical evidence, such as photographs documents, medical reports. This is known as the case-in-chief phase. The defense attorney will summon witnesses to testify for argument against the plaintiff and argue that the plaintiff should not be entitled to damages. The judge or jury will then take into consideration the evidence and arguments presented by both parties. The judge will explain to jurors the legal standards that must be adhered to in order to decide whether to go in favor of plaintiffs or against defendants. This is known as jury instruction. Then, each side presents their closing arguments. If the jury is unable agree on a verdict then the judge declares a mistrial. If injury lawsuit schaumburg are not happy with the result of your trial, there may be an appeal option.