Injury Litigation

The process of suing for injury is a legal procedure that allows you to claim compensation for your injuries and losses. Your everett Injury law firm attorney will build solid evidence in your case including eyewitness testimony, medical documents as well as statements of the defendant and expert witness opinions.

Your lawyer will begin the process of filing 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 filing a lawsuit the person who was injured (plaintiff) must conduct a an investigation prior to the filing of a lawsuit. This involves reviewing police accident reports, conducting informal discovery, and identifying potential liable parties and available causes of action that may be argued against them.

The plaintiff may then file a summons along with a complaint. The complaint details the damage caused by the defendant's or his actions. The typical complaint will include a demand for compensation for the victim's medical expenses as well as lost income, suffering and pain, as well as other damages resulting from their injuries.

The defendant has 30 days to respond, also known as an answer. In this response, the defendant is able to admit or deny any allegations made in the complaint. They may also include third party defendants or file a counterclaim.

During the discovery stage, both parties will exchange relevant information regarding their positions and the evidence. This usually involves depositions, written questions (called interrogatories), and requests for documents. This is typically the most of the timeline for lawsuits. 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 your attorney will be able to provide your side of the story to a jury or judge and the defendant will put on their defense.

The Discovery Phase

The discovery phase is a formal process that allows your legal team and the at-fault party to exchange information and gather evidence. This can include witness statements, details regarding your medical treatment, and proof of the expenses you've suffered. Your attorney may also employ several tools during discovery to help your case, including interrogatories and requests for documents and depositions. Requests for documents are the requests to provide all relevant documentation that are within each party's control. Interrogatories require written responses. Requests for everett injury Law Firm admission require the other side to admit certain facts. This can save time and money since the attorneys do not have to prove these facts in court. Depositions are live conversations with witnesses, where the attorney can interview them about the incident under oath. They will have their answers recorded and transcribed by a court reporter.

Discovery may appear to be an uncomfortable, long and time-consuming process, however it's necessary to collect the evidence required to be successful in your claim for compensation. During your free consultation, your attorney can discuss the specifics of the discovery process. If you attempt to conceal a preexisting injury that worsened due to a preexisting medical condition the information could be found out during discovery and your case could be dismissed.

The Negotiation Phase

The majority of injury cases seek to settle a case through negotiations. The process typically involves a back and 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 help determine the best number to request for your settlement and can then assist in negotiations.

One of the biggest challenges in the process of settling a claim for Everett Injury Law Firm injury is that the amount of your damages including medical expenses or lost income as well as future losses - is a constantly changing factor. The severity of your injuries could increase over time, which may increase your losses in the future and decrease the amount of your current losses. Your lawyer will ensure that your damages are dependent on the current condition of your injuries as well as a complete outlook for future recovery.

A lot of times insurance companies are trying to limit their payout for claims by arguing against specific elements of your case. This can prolong settlement negotiations but your lawyer will have strategies to help you overcome these issues and get the most favorable outcome for your case. Negotiating an agreement may take a long time or even years. Negotiations can last for months or even years depending on various factors.

The Trial Phase

Most injury cases are resolved without court through settlement negotiations. However, if a resolution is not reached, your lawyer may decide to go to trial. This can be a difficult costly and time-consuming process. The jury will also have to decide if you are compensated for your injuries and should they, if so, in what amount. Your lawyer must thoroughly research your case to determine the circumstances of your injury, as well as the severity of damages, injuries, and costs.

At this point, your lawyer will call witnesses and experts to testify and present physical evidence such as documents, photographs, and medical reports. This is known as the case-in chief phase. The defense attorney will call witnesses to testify in argument against the plaintiff and argue that plaintiffs shouldn't be awarded damages. The jury or judge weighs the evidence and arguments of both parties.

The judge will then go over the legal requirements which must be followed for the jury to come up with a verdict for the plaintiff and against the defendant. This is called jury instruction. Each side then gives its closing arguments. If the jury is unable to agree on a decision, the judge will declare that the trial is a mistrial. In rare instances, an appeal may be available if not satisfied with the outcome of your trial.