Injury Litigation
The legal process that allows you to seek compensation for your losses and injuries. Your injury lawyer will develop solid evidence for your case, including eyewitness testimony as well as statements of the defendant and expert witness opinions.
Your lawyer will then start the 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, an injured person (plaintiff) must conduct pre-lawsuit discovery. This involves reviewing police accident reports and conducting informal discovery and identifying potentially liable parties and the possible causes of action that can be filed against them.
Once the plaintiff has done this, they can make a complaint and summons. The complaint is a formal declaration of the party that is being sued and describes the harm that was caused by the defendant's actions or lack thereof. It typically includes a request for compensation for the victim's medical expenses loss of income, suffering and pain, as well as other damages related to their injury.
The defendant will then have 30 days to file a response, known as an answer or answer, in which they accept or deny the allegations contained in the complaint. They may also include an additional defendant from a third party or make an appeal.
During the discovery phase in the discovery phase, both sides will exchange relevant information about their respective positions and evidence in the case. This typically includes depositions, written questions (called interrogatories) and requests for documents. This is typically the majority of the lawsuit timeline. In this stage, if there are settlement opportunities the possibility of settlement will be discussed. In the event that there is no settlement the case will proceed to trial. During this period, your attorney will explain your perspective to a jury or judge and the defendant will take on their defense.
The Discovery Phase
Discovery is a formal procedure that allows you and your legal team to exchange information with the other party and gather evidence. This can include witness testimony and details about your medical treatment and evidence of losses you've suffered. Your attorney may use a variety tools to aid you in discovery, including interrogatories and requests for documents. Interrogatories are written questions that require a response written, while request for documents involve requesting all relevant documentation that is under the control of each party. Requests for admission are written demands to the other party, asking for their admission to certain facts. This will save time and money since attorneys do not need to prove their claims in court. Depositions are live conversations with witnesses, where the attorney can interview them about the incident under oath. get their answers recorded and transcribed by a court reporter.
Although it may seem like a long process that is invasive, uncomfortable and tedious but it is an essential step to gather the evidence required to win your injury claim. Your attorney will be able to discuss the specifics of the discovery process with you during your complimentary consultation. If you attempt to conceal a preexisting injury that worsened due to a medical condition that was already present This information could be found out during discovery and your case could be dismissed.
The Negotiation Phase
The majority of injury cases seek to reach a settlement through negotiations. The process typically involves an exchange of back-and between your lawyer and the insurer of the party who is responsible. This may include informal conversations/correspondence (by phone, in meetings, by email) where the parties trade offers and counter-offers. Your lawyer can assist in deciding on the amount of settlement that you want to seek and assist with negotiations.
The amount of damages, including medical bills, lost wages and future losses, is a variable that is always changing. Your injuries could get worse over time. This could increase future loss or reduce the value of current losses. Your lawyer will ensure that damages are determined based on your current injuries as well as the probability of future recovery.
Often insurance companies attempt to limit their payout for claims by challenging certain elements of your case. This could result in an inability to settle settlement negotiations. However your lawyer will have strategies to help you overcome these obstacles to get the best outcome for your case. Negotiating an agreement may take months or years. Negotiations can last for months or even years depending on many different factors.
The Trial Phase
While most injury cases are resolved through settlement negotiations, which are not in the courtroom, your attorney might decide to bring your case to trial if a satisfactory resolution is not attainable. This can be a stressful, expensive and time-consuming procedure. The jury will also have to decide if you should be paid for your injuries and if so, how much. It is therefore crucial for your lawyer to conduct a thorough investigation of your case in this phase to fully understand how you were injured and the extent of your injuries, the damages and costs.
At this point, your attorney will call witnesses as well as experts to testify and present evidence of physical nature, such as photographs, documents and medical reports. This is the "case-in-chief" phase. The defense attorney will summon witnesses to testify for defense and argue that plaintiffs shouldn't be awarded damages. The jury or judge decides on the evidence and arguments of both sides.
injury attorney boise city will explain to the jury the legal standards that must be met in order to make a decision in favor of plaintiffs or against defendants. This is referred to as jury instruction. Then, each side presents their closing arguments. If the jury is unable reach a decision and the judge declares a mistrial. In some rare instances appeals may be available if you are not satisfied with the outcome of your trial.