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Injury Litigation Injury litigation is the legal process which allows you to claim compensation for your injuries and losses The lawyer representing you will utilize strong evidence to prove your case such as eyewitness testimonies medical documentation as well as the statements of the defendant and expert witness opinions Your lawyer will then begin to file your lawsuit If the defendant does not respond and the case is moved to an inquiry stage known as discovery The Complaint Before a lawsuit can be filed the injured party plaintiff must conduct prelawsuit discovery This includes reading police accident reports making informal discovery and identifying potential liable parties Once the plaintiff has done this they can start a summons as well as a complaint The complaint is a formal declaration of the party who is being sued and describes the harm that was caused by the defendants conduct or inaction It usually includes a request for compensation for medical bills and lost income as well as pain and suffering and other damages resulting from their injury The defendant is then given 30 days to file a reply which is referred to as an answer in which they admit or deny the allegations contained in the complaint They may also file a counterclaim or add a thirdparty defendant the suit During the discovery phase both parties will exchange relevant information regarding their positions and evidence This usually includes depositions written questions called interrogatories and requests for documents This usually accounts for the majority of the lawsuit timeline If there are settlement options these will occur during this time The case will then proceed to trial if there is no settlement In this instance the attorney will present your side of the story to a judge or jury and the defendant will take on their defense The Discovery Phase Discovery is a formal phase that allows you and your legal team to share information with the other party and gather evidence This may include witness testimony as well as details of your medical treatment and evidence of 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 requests to provide all relevant documents that are within each partys control Interrogatories require written responses injury lawsuit ogden for admissions ask the other party to admit certain facts which can help save time and money because attorneys do not need to prove these uncontested facts in court Depositions are live conversations with witnesses where your attorney can ask them questions about the incident while under the oath Their answers will be recorded and transcribing While discovery may seem like a long intrusive and uncomfortable process however it is an essential step to gather the evidence you need to win your case Your lawyer will be in a position to discuss the details of the discovery process with you during your free consultation For instance if try to hide a prior condition that has aggravated your injury this information could be discovered in the process of discovery and thrown out of your case The Negotiation Phase A settlement that is negotiated is the goal of most lawsuits involving injuries The process for achieving this goal is usually an exchange of information between your lawyer and the 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 amount of settlements you would like to negotiate and help with negotiations One of the challenges of the process of settling an injury case is that the amount of your damages which includes medical bills loss of income future losses is a constantly changing aspect Your injuries may worsen over time which can increase your future losses and reduce the value of your current losses Your attorney will ensure that your damages are determined based on the severity of your injuries and the prognosis of future recovery In many cases insurance companies try to limit their payout for claims by arguing against certain aspects of your case This can delay settlement negotiations but your lawyer has strategies to help you get through these issues and get the most favorable outcome for your case In some cases the process of negotiating an agreement can take months or even years Negotiations can take several months or even years depending on a variety of factors The Trial Phase Most cases involving injuries are settled outside of court through settlement negotiations If an agreement is not reached your lawyer might decide to go to trial This can be a stressful lengthy costly and expensive process It also requires the jury to decide if the defendant should be held accountable for your injuries and what amount of compensation you should be awarded Your lawyer must thoroughly research your case in order to understand the circumstances surrounding your injuries the severity of the injuries damages and the costs At this moment your lawyer will call witnesses and experts to testify They will also present evidence of physical nature such as documents photographs and medical reports This is the caseinchief phase The defense attorney will summon witnesses to testify for argument against the plaintiff and argue that the plaintiff should not receive damages The jury or judge will then review the evidence and arguments made by both sides The judge will explain to jurors the legal standards that must be adhered to in order to decide in the favor of the plaintiff or against the defendant This is referred to as jury instruction Each side will then present its closing arguments If the jury fails to reach a decision then the judge declares a mistrial In some rare instances an appeal may be available if you are unhappy with the outcome of your trial