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Injury Litigation Injuries litigation is the legal procedure which allows you to claim compensation for your losses and injuries. Your lawyer for injury will make use of strong evidence to prove your case. This includes eyewitness testimony from witnesses, medical records, defendant's statements, and expert witness opinions. Your lawyer will then file your lawsuit. After the defendant has responded to the lawsuit, the case will move into an investigation of facts, also known as discovery. The Complaint Before a lawsuit can be filed, an injured person (plaintiff) must conduct pre-lawsuit discovery. This involves studying police accident reports, conducting informal discovery and identifying potential responsible parties. The plaintiff may then file a summons with a complaint. The complaint identifies who is the party that is being sued and details the harm caused by the defendant's actions or inaction. It typically contains a request to recover damages for injuries suffered by the victim, including medical bills and lost wages along with pain and suffering and other damages. The defendant then has 30 days to file a response, known as an answer, in which they admit or deny the allegations contained in the complaint. They can also include third party defendants or file counterclaims. During injury lawsuit round rock during the discovery phase, both sides will share pertinent information regarding their positions and evidence in the case. This typically involves depositions written questions (called interrogatories), and requests for documents. This typically comprises the majority of the lawsuit timeline. In this phase, if there are any settlement possibilities the possibility of settlement will be discussed. The case will then go to trial if there is no settlement. During this period your lawyer will explain your side of the tale to a jury or judge and the defendant will defend themselves. The Discovery Phase Discovery is a formal procedure that allows you and your legal team to share information with the other party and gather evidence. This could include witness statements, information regarding your medical treatment, and evidence of the losses you've incurred. Your attorney can utilize a variety of tools to aid you in discovery, including interrogatories as well as requests for documents. Interrogatories are questions that require a response written and requests for documents involve requesting all relevant documentation under the control of each party. Requests for admission are written requests to the other party, asking for their admission to certain facts. This can cut down on time and money as the attorneys don't need to prove their claims at trial. Depositions are live conversations with witnesses, where your attorney can ask them questions regarding the incident under oath. Their answers will be recorded and then transcribed. Although discovery can appear to be a long, intrusive and uncomfortable process but it's a crucial step to gather the evidence you need to win your case. Your attorney will be capable of discussing the details of the discovery process with you during your free consultation. If you try to hide an injury that has already been aggravated due to a medical condition that was already present, this information may be discovered during the process of discovery and your case could be dismissed. The Negotiation Phase The negotiation of a settlement is the main goal of many injury cases. This process usually 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 settlements you wish to seek and assist in negotiations. The amount of damages, such as medical bills, lost wages, and future losses, is a factor that changes. The severity of your injuries could increase over time, which could increase your future losses and decrease the value of your current losses. Your attorney will ensure that damages are determined based on your current injuries and the prognosis of future recovery. A lot of times, insurance companies are trying to limit their payouts for claims by arguing against some aspects of your case. This can prolong settlement negotiations however, your lawyer can provide strategies to help you overcome these issues and get the best possible outcome for your case. The process of negotiating an agreement can take months or years. There are many factors that affect how long settlement negotiations be, but knowing what to expect will make the process easier and more efficient for you. The Trial Phase Most cases involving injuries are resolved outside of court through settlement negotiations. If a resolution is not reached your lawyer could decide to proceed to trial. This is a stressful, expensive and time-consuming process. The jury also has to decide whether the defendant is held accountable for your injuries, and what compensation you should be awarded. It is therefore crucial for your lawyer to thoroughly investigate your case at this stage to fully understand the nature of your injuries and the extent of your injuries, damages and costs. Your attorney will now summon witnesses as well as experts and present physical evidence, such as photos documents, documents, and medical reports. This is the “case-in-chief” phase. The defense attorney will call witnesses to testify on behalf of a counter argument and argue that plaintiffs should not be awarded damages. The jury or judge will then review 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 to decide whether to go in favor of the plaintiff or against the defendant. This is known as jury instruction. Each side then gives its closing arguments. If the jury cannot reach a consensus and the judge decides to declare a mistrial. In some rare cases an appeal could be available in the event that you are not satisfied with the result of your trial.