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Injury Litigation Injury litigation is the legal process that allows you to recover compensation for your injuries and losses Your lawyer will use strong evidence to prove your case This includes eyewitness testimony medical records defense counsels statements defendants testimony and expert witness opinions Your lawyer will then start the lawsuit After the defendant has replied to the lawsuit the case will move into the stage of factfinding which is known as discovery The Complaint Before the lawsuit can be filed the injured person plaintiff must conduct prelawsuit discovery This involves reviewing police accident reports conducting informal discovery and identifying responsible parties Once the plaintiff has done this they are able to start a summons as well as a complaint The complaint details the damage caused by the defendants or his inaction injury lawyer rancho cucamonga will include a demand for compensation for the victims medical expenses loss of income suffering and other damages related to their injury The defendant has 30 days to respond also known as an answer In this response the defendant may acknowledge or deny the allegations made in the complaint They can also file an additional counterclaim or include a thirdparty defendant in the suit During the discovery phase during the discovery phase both sides will share pertinent information regarding their positions and evidence in the case This usually involves depositions written questions called interrogatories and requests for documents This typically comprises the most of the timeline for lawsuits In this phase if there are settlement opportunities these will be discussed The case will proceed to trial if theres no settlement During this time your lawyer will explain your story before a judge or jury 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 collect evidence This can include witness testimony details of your medical treatment and evidence of the losses youve suffered Your attorney can utilize a variety of tools to assist you during discovery such as interrogatories or requests for documents Requests for documents are essentially requests to supply all relevant documentation that are within each partys control Interrogatories require written responses Requests for admissions require the other party to acknowledge certain facts which can reduce time and cost since the attorneys do not have to prove these facts during trial Depositions are live discussions with witnesses during which your attorney can ask them questions regarding the incident while under oath Their answers will be recorded and then transcribed Although it may appear to be an lengthy unpleasant timeconsuming and uncomfortable process it is a necessary step to gather the evidence needed to win your case Your lawyer will be able to discuss the specifics of the discovery process with you during your complimentary consultation For instance if you attempt to conceal a preexisting condition that has aggravated your injury it could be discovered during the discovery process and dismissed from your case The Negotiation Phase The negotiation of a settlement is the main goal of many injury cases The process of achieving this goal usually involves a backandforth exchange 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 choose the appropriate number to request for your settlement and assist in negotiations The amount of damages which includes medical bills lost wages and future loss is a factor that is always changing Your injuries may worsen over time which could increase the amount of your future losses and reduce the value of your current losses Your lawyer will ensure that your damages are calculated based on your current injuries as well as the probability of future recovery Insurance companies frequently try to limit their payout by arguing about certain aspects of your claim This could lead to delay in settlement negotiations However your lawyer will have strategies to assist you in overcoming these obstacles to get the best possible result for your case The process of negotiating an agreement can be a lengthy process that can take months or years Negotiations can last for months or even years based on various factors The Trial Phase Although the majority of injury cases are resolved through settlement negotiations which are not in the courtroom your attorney could choose to take your case to trial if an acceptable resolution is not reached This is a stressful costly and timeconsuming process The jury must also decide if you should be compensated for your injuries and if so how much Your lawyer must thoroughly investigate your case to determine the circumstances of your injuries the severity of damages injuries and costs Your attorney will now summon witnesses and experts and will present physical evidence such as photos documents medical reports This is the caseinchief phase The defense attorney will call witnesses to testify and argue as to why the plaintiff should not be awarded damages The judge or jury will then review the evidence and arguments put forward by both parties The judge will explain to the jury the legal requirements which must be met in order to decide whether to go in favor of plaintiffs or against defendants This is referred to as jury instruction Each side will then present its closing arguments If the jury is unable to agree on a verdict the judge will declare that the trial a mistrial If youre not satisfied with the outcome of your trial there might be an appeal available