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Injury Litigation Injuries litigation is the legal procedure that allows you to recover compensation for your injuries and losses. Your injury attorney will build solid evidence in your case that includes eyewitness testimony, medical records as well as statements of the defendant and expert witness opinions. Your lawyer will then submit your lawsuit. After the defendant has responded to the suit, it moves to an investigation of facts, also known as discovery. The Complaint Before filing a lawsuit the person who has been injured (plaintiff), must conduct pre-lawsuit investigation. This involves reviewing police accident reports, making informal discovery, and identifying potential responsible parties. The plaintiff then has the option of filing a summons along with a complaint. The complaint describes the harm caused by the defendant's or his inaction. It typically contains a request for damages for the victim's injuries including medical bills as well as lost wages, pain and suffering and other damages. The defendant will then have 30 days to file a reply, known as an answer, in which they admit or deny the allegations contained in the complaint. They can also file counterclaims or add a third-party defendant the suit. During the discovery phase, both sides will exchange relevant information about their respective positions and evidence in the case. This typically includes depositions, written questions (called interrogatories), and requests for documents. This typically comprises the major portion of the litigation timeline. In this stage, if there are settlement opportunities the possibility of settlement will be discussed. In the event that there is no settlement the case will proceed to trial. During this period your attorney will be able to give your case before a jury or judge and the defendant will put on their defense. The Discovery Phase The discovery phase is a formal procedure that permits your legal team and the at-fault party to exchange information and gather evidence. This can include witness statements, details regarding your medical treatment, and evidence of the losses you have incurred. Your lawyer may also employ several tools in discovery to help your case, such as interrogatories, documents requests and depositions. Interrogatories are written queries that require a written answer while requests for documents requires the submission of all relevant documents under the control of the parties. injury lawyer jersey city for admissions ask the other side to admit certain facts. This can save time and money as the attorneys do not have to prove these uncontested facts during trial. Depositions are live interviews of witnesses in which your attorney can interview them about the incident under oath and have their answers recorded and transcribed by a court reporter. While it might appear to be an lengthy, intrusive and uncomfortable process, it is a necessary step to gather the evidence needed to win your case. During your consultation for free, your attorney can discuss the details of the discovery process. If you try to hide an injury that has already been aggravated due to a preexisting medical condition The information could be found out during discovery and your case could be thrown out. The Negotiation Phase Most cases of injury aim to settle through negotiations. The process of reaching this goal usually involves an exchange of information 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 in deciding on the number of settlement you wish to negotiate and help with negotiations. The amount of damages, which includes medical bills, lost wages, and future loss, is a factor that is constantly changing. Your injuries may get worse over time. This could result in a rise in future losses or decrease the value of current losses. Your lawyer will ensure that your damages are based on the current state of your injuries, and provide an accurate prognosis for your future recovery. Insurance companies frequently try to limit their payout by arguing against certain aspects of your claim. This can result in delay in settlement negotiations. However, your lawyer has strategies to assist you in overcoming these hurdles and obtain the best possible result for your case. Negotiating a settlement can take months or years. Negotiations can take 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 may decide to take the case to trial. It is 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. It is therefore important for your lawyer to conduct thorough research on your case in this phase to fully understand how you were injured, the extent of your injuries, the damages and costs. Your lawyer will now call witnesses and experts and present physical evidence, like photographs documents, medical reports. This is the “case-in-chief” phase. The defense attorney will then summon witnesses to testify and argue that the plaintiff should not be awarded damages. The judge or jury then considers the arguments and evidence of both sides. The judge will explain to jurors the legal standards that must be adhered to in order for them to decide whether to go in favor of the plaintiff or against the defendant. This is referred to as jury instruction. Each side then makes its closing arguments. If the jury is unable to agree on a final verdict, the judge will declare that the trial an unconstitutional trial. If you are not happy with the result of your trial, there might be a right to appeal.