Injury Litigation
Legally, it is a procedure that allows you to get compensation for your injuries and losses. Your injury lawyer will develop solid evidence for your case including eyewitness testimony, defendant statements and expert witness opinions.
injury lawsuit norfolk will file your lawsuit. After the defendant has responded to the lawsuit, the case will move into a stage of fact-finding called discovery.
The Complaint
Before a lawsuit is filed the person who was injured (plaintiff), must conduct pre-lawsuit investigations. This involves reviewing police accident reports, conducting informal discovery, and identifying potential defendants.
The plaintiff then has the option of filing a summons with a complaint. The complaint identifies who is the party who is being sued, and describes the harm that was caused by the defendant's conduct or lack thereof. It typically contains a request to seek damages to compensate the victim for their injuries, including medical bills, lost wages as well as pain and suffering, among other damages.
The defendant has 30 days to respond, which is also referred to as an answer. In this response, the defendant can admit or deny any claims made in the complaint. They can also include third party defendants or make a counterclaim.
During the discovery stage during the discovery phase, both parties will share pertinent information about their positions and the evidence. This phase includes depositions (also called interrogatories) as well as written questions (also called interrogatories) as well as requests for documents. This usually accounts for the major portion of the litigation timeline. In this stage, if there are settlement opportunities the possibility of settlement will be discussed. If not the case will go to trial. During this time the attorney will provide your case to a judge or jury and the defendant will put 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 collect evidence. It could include witness statements or details of your medical treatment and proof of losses you have suffered. Your attorney can also use several different tools during discovery to help your case, including interrogatories, documents requests and depositions. Requests for documentation are requests to provide all relevant evidence that is under each party's control. Interrogatories require written responses. Requests for admissions require the other party to admit certain facts. This can help save time and money because the attorneys do not have to prove these undisputed facts during trial. Depositions are live recordings of witnesses where your attorney can question them about the incident under oath, and have their answers recorded and transcribing by a court reporter.
Discovery may appear to be an uncomfortable, long and tedious process, but it is necessary to gather the evidence you need to win your injury claim. During your consultation for free your attorney will be able discuss the details of the discovery process. For example, if you try to hide a preexisting health issue that caused your injury to get worse or aggravated, the information could be discovered in the process of discovery and dismissed from your case.
The Negotiation Phase
Negotiating a settlement is the goal of most lawsuits involving injuries. This process usually involves an exchange of information back and forth between your lawyer and the insurer of the responsible party. 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 decide on the number you want to request for your settlement, and then assist in negotiations.
The amount of damage, which includes medical bills, lost wages and future loss, is a factor that changes. Your injuries may worsen over time, which could increase the amount of your future losses and reduce the value of your current losses. Your attorney will ensure that your damages are determined based on your current injuries and your prognosis for the future recovery.
A lot of times, insurance companies are trying to limit their payout for claims by arguing against certain elements of your case. This can prolong settlement negotiations however, your lawyer has strategies to help you get through these issues and get the most favorable outcome for your case. Negotiating a settlement can take months or years. Negotiations can last for months or even a whole year based on many factors.
The Trial Phase
Most injury cases are resolved without court through settlement negotiations. If a resolution is not reached your lawyer might decide to take the case to trial. This can be a difficult lengthy, costly and expensive procedure. The jury also has to decide if the defendant should be accountable for your injuries and how much money you will receive. Your lawyer should investigate your case to understand the circumstances of your injury, the extent of injuries, damages, and the costs.
At this moment, your lawyer will summon witnesses and experts to testify and present evidence of physical nature, such as documents, photographs, and medical reports. This is the "case-in-chief" phase. The defense attorney will summon witnesses to testify as a argument against the plaintiff and argue that the plaintiff should not be entitled to damages. The jury or judge will then consider the evidence and arguments put forward by both sides.
The judge will explain to the jury the legal standards that must be met in order for them to make a decision in favor of plaintiffs or against defendants. This is called jury instruction. Then, each side presents their closing arguments. If the jury is unable reach a decision and the judge declares a mistrial. If you're not satisfied with the result of the trial, there could be an appeal to be made.