Injury Litigation
The legal process which allows you to claim compensation for your losses and injuries. Your injury attorney will build strong evidence in your case by utilizing eyewitness testimony, medical records, defendant statements and expert witness opinions.
Your lawyer will bring your lawsuit. After the defendant has responded, the case moves into a stage of fact-finding called discovery.
The Complaint
Before a lawsuit is filed the person who was injured (plaintiff) must conduct a pre-lawsuit investigations. injury attorney idaho includes reading the police accident reports, conducting informal discovery and identifying defendants.
The plaintiff may then file a summons with a complaint. The complaint identifies the party that is being sued and exposes the harm caused by the defendant's actions or lack thereof. It typically includes a request for compensation for the victim's medical bills and lost income, as well as suffering and other damages related to their injuries.
The defendant has 30 days to respond, also known as an answer. In this response, the defendant has the option to acknowledge or deny the allegations made in the complaint. They can also include a third party defendant or file an appeal.
During the discovery phase during the discovery phase, both parties will share pertinent information about their positions and evidence. This involves depositions (also known as interrogatories), written questions (also called interrogatories) as well as requests for documents. This phase typically accounts for the majority of the lawsuit timeline. If there are settlement opportunities they will be made during this time. The case will then proceed to trial if there's no settlement. During this time the attorney will present your side of the story before a judge or jury and the defendant will defend themselves.
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 can include witness testimony and details about your medical treatment, as well as proof of losses you have suffered. Your attorney can utilize a variety of tools to assist you during discovery, including interrogatories and requests for documents. Requests for documents are requests to supply all relevant documentation that are within each party's control. Interrogatories require written responses. Requests for admission are written letters to the other side asking them to admit certain facts. This could save time and money since the attorneys do not have to prove their case during trial. Depositions are live discussions with witnesses, during which your attorney can ask them questions about the incident under oath. Their responses will be recorded and then transcribed.
Although it may seem like a long, intrusive and uncomfortable process but it's a crucial step to gather the evidence you need for winning your injury case. During your consultation for free the attorney will be able to explain the specifics of the discovery process. If you try to hide a preexisting injury that worsened due to a medical condition that was already present This information could be discovered during the process of discovery and your case could be dismissed.
The Negotiation Phase
Most injury cases aim to settle through negotiations. This process usually involves an exchange of information back and with your lawyer and that of 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 in deciding on the number of settlements you would like to seek and assist with negotiations.
The amount of damage, which includes medical bills, lost wages, and future losses, is a variable that is constantly changing. Your injuries may get worse over time. This could cause further loss or reduce the value of your current losses. Your attorney will work to ensure that your damages are dependent on the current condition of your injuries as well as a full prognosis for future recovery.
Insurance companies often attempt to limit the amount they pay by arguing about certain aspects of your claim. This can result in an inability to settle settlement negotiations. However, your lawyer will have strategies that will help you overcome these hurdles and obtain the best outcome for your case. The process of negotiating an agreement can be a lengthy process that can take months or years. Negotiations can take several months or even years, depending on many different factors.
The Trial Phase
The majority of injury cases are resolved without court through settlement negotiations. If a resolution is not reached the lawyer could decide to go to trial. This is a costly lengthy, time-consuming and stressful procedure. The jury will also have to decide if you are compensated for your injuries, and should they, if so, in what amount. Therefore, it is essential for your lawyer to conduct thorough research on your case in this phase to fully understand the way you were injured, the extent of your injuries, damages and expenses.
Your attorney will then call witnesses and experts and present evidence, including photographs documents, documents, and medical reports. This is the "case-in-chief" phase. The defense attorney will then call witnesses to testify and argue that the plaintiff shouldn't be awarded damages. The judge or jury will then consider the evidence and arguments made by both sides.
The judge will explain to the jury the legal standards that must be adhered to in order to make a decision in favor of plaintiff or against defendant. This is known as jury instruction. After that, both sides present their closing arguments. If the jury is unable to agree on a verdict, the judge will declare that the trial is an unconstitutional trial. In rare instances appeals might be available if you're not satisfied with the results of your trial.