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Injury Litigation Injury litigation is the legal procedure which allows you to claim compensation for your losses and injuries. The lawyer representing you will utilize strong evidence to support your case, which includes eyewitness testimony from witnesses, medical records, defendant's statements, and expert witness opinions. Your lawyer will start the lawsuit. Once the defendant has responded, the case enters an investigation stage, also known as discovery. The Complaint Before a lawsuit is filed, the injured person (plaintiff) must conduct a pre-lawsuit investigations. This includes reading police accident reports, conducting informal discovery and identifying potential defendants. Once the plaintiff has done this, they are able to start a summons as well as a complaint. The complaint identifies the party who is being sued and details the harm caused by the defendant's actions or lack thereof. It typically contains a request to seek damages for the victim's injuries, including medical bills as well as lost wages or income, as well as pain and other damages. The defendant then has 30 days to file a response which is referred to as an answer or answer, in which they accept or deny the allegations in the complaint. They can also add an additional defendant, or file a counterclaim. During the discovery stage the parties will exchange relevant information regarding their positions and the evidence. This phase includes depositions (also called interrogatories) as well as written questions (also called interrogatories) and requests for documents. This is typically the majority of the timeframe for a lawsuit. If there are settlement opportunities, they will take place during this period. If not the case will go to trial. During this time your lawyer will explain your side to a jury or judge and the defendant will defend themselves. The Discovery Phase Discovery is a formal procedure that permits you and your legal team to share information with the other party and gather evidence. This could include witness statements, details regarding your medical treatment, and proof of the losses you've suffered. Your lawyer may also employ several tools during discovery to assist your case, including interrogatories, requests for documentation and depositions. Interrogatories are written questions that require a response written, while request for documents requires the submission of all relevant documentation that is under the control of each party. Requests for admission ask the other party to admit certain facts. This can save time and money since the attorneys don't have to prove these uncontested facts at trial. Depositions are live interviews with witnesses, where your attorney can ask them questions about the incident under an oath. injury lawyer pearland will be recorded and transcribed. Discovery may appear to be an uncomfortable, lengthy and invasive process, but it's necessary to collect the evidence you require to win your injury claim. During your consultation for free, your attorney will be able to discuss the specifics of the discovery process. If you try to hide an injury that was already present and aggravated due to a medical condition that was already present the information could be discovered during discovery and your case could be dismissed. The Negotiation Phase Most cases of injury aim to settle a case through negotiation. The process of reaching this goal typically 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 help determine the best number to demand for your settlement and assist in negotiations. One of the biggest challenges in settling an injury claim is that the amount of your damages which includes medical bills, lost income, and future losses – is an evolving aspect. Your injuries may get worse over time. This could increase future losses or diminish the value of your current losses. Your attorney will ensure that damages are determined based on your current injuries as well as the probability of the future recovery. Insurance companies usually attempt to limit their payout by arguing about certain aspects of your claim. This can delay settlement negotiations however, your lawyer has strategies to help you overcome these obstacles and get the most favorable outcome for your case. Negotiating an agreement can sometimes take months or even years. Many factors affect how long settlement negotiations last, but understanding what to expect will make the process less stressful and more efficient for you. The Trial Phase While the majority of cases involving injuries are resolved by settlement negotiations outside of court, your attorney may decide to take your case to trial if a satisfactory resolution is not reached. This can be a costly lengthy and time-consuming procedure that can be stressful. The jury also has to decide whether the defendant should be held liable for your injuries and the amount you are entitled to. Your lawyer should investigate your case to discover the circumstances surrounding your injuries, the severity of the injuries, damages and the costs. Your attorney will now call witnesses and experts and present physical evidence, such as photographs documents, documents, and medical reports. This is known as the “case-in-chief” phase. The defense attorney will summon witnesses to testify in rebuttal and argue that the plaintiff should not be awarded damages. The judge or jury then weighs the arguments and evidence of both parties. The judge will then outline the legal requirements that must be met for the jury to decide for the plaintiff and against the defendant. This is referred to as jury instruction. Following that, each side will present their closing arguments. If the jury cannot reach an agreement on a decision, the judge will declare that the trial an unconstitutional trial. In some cases an appeal could be available if not satisfied with the outcome of your trial.