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Injury Litigation Legally it is a procedure that allows you to seek compensation for your losses and losses Your injury attorney will build solid evidence in your case including eyewitness testimony in the form of defendant statements expert witness opinions Your lawyer will start the lawsuit After the defendant has reacted to your lawsuit the case goes into the phase of factfinding known as discovery The Complaint Before the lawsuit can be filed the injured person plaintiff must conduct prelawsuit discovery This includes studying police accident reports making informal discovery and identifying potential atfault parties The plaintiff is then able to file an accusation and summons The complaint identifies the person who is being sued It also describes the harm caused by the defendants conduct or lack thereof It typically contains a request for compensation for the victims medical bills and lost income as well as pain and suffering and other damages resulting from their injury The defendant will then have 30 days to file a reply which is referred to as an answer or answer in which they accept or deny the allegations in the complaint They may also file an appeal or add a thirdparty defendant the suit During the discovery phase where both sides exchange pertinent information regarding their positions and the evidence in the case This usually involves depositions written questions called interrogatories and requests for documents This process usually occupies the majority of the timeline for the lawsuit In this stage if there are any settlement opportunities that are discussed they will be discussed If not the case will go to trial In this instance your lawyer will provide your perspective to a jury or judge and the defendant will take on their defense The Discovery Phase The discovery phase is a formal procedure that allows your legal team and the party at fault to exchange information and gather evidence This can include witness testimony or details of your medical treatment and evidence of the losses youve suffered Your attorney can use several tools to aid you in discovery such as interrogatories or requests for documents Interrogatories are questions that require a written response while requests for documents involve requesting all relevant documentation that is under the control of the parties Requests for admission are written requests to the other party asking them to admit certain facts This can save time and money as the attorneys do not need to prove their claims during trial Depositions are live conversations with witnesses where your attorney can ask them questions regarding the incident while under oath Their responses will be recorded and then transcribed Discovery may seem like an uncomfortable long and intrusive process but it is necessary to gather the evidence you require to prove your injury claim During your free consultation your attorney will be able to discuss the specifics of the discovery process For instance if try to hide a preexisting condition that has caused your injury to worsen and this information is discovered during the discovery process and dismissed from your case The Negotiation Phase Reaching a negotiated settlement is the aim of the majority of lawsuits involving injuries The process of reaching this goal typically involves an exchange of information between your lawyer and the responsible partys insurance company This may include informal conversationscorrespondence by phone in meetings by email where the parties trade offers and counteroffers Your lawyer can help you in deciding on the number of settlements you would like to negotiate and help with negotiations One of the challenges of settling an injury claim is that the amount of your damages which includes medical bills or lost income as well as future losses is a dynamic factor Your injuries may worsen over time which can increase your losses in the future and decrease the value of your current losses Your lawyer will ensure that your damages are in line with the current condition of your injuries and a full prognosis for future recovery A lot of times insurance companies attempt to limit their payout for claims by arguing against some aspects of your case This could result in a delay in settlement negotiations However your lawyer will have strategies to assist you in overcoming these obstacles and achieve the best outcome for your case Negotiating a settlement can take months or years Negotiations can last for months or even years depending on many different factors The Trial Phase While the majority of cases involving injuries are resolved through settlement negotiations which are not in court your attorney may decide to bring your case to trial if an acceptable resolution is not reached This is an expensive timeconsuming and stressful process The jury also has to decide whether the defendant should be held accountable for your injuries and the amount you should receive It is crucial 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 expenses At this moment your lawyer will summon witnesses and experts to testify and present evidence of physical nature such as photographs documents and medical reports This is referred to as the caseinchief phase The defense attorney will summon witnesses to testify in defense and argue that the plaintiff should not be entitled to damages injury lawsuit odessa or jury will then look at the evidence and arguments put forward by both sides The judge will then discuss the legal requirements which must be followed for the jury to rule for the plaintiff and against the defendant This is referred to as jury instruction Afterwards each side makes their closing arguments If the jury fails to agree on a verdict the judge will declare a mistrial In some rare instances appeals may be available if you are not satisfied with the results of your trial