Manchester injury law firm Litigation

Injuries litigation is the legal process that allows you to collect compensation for your injuries and losses. Your lawyer will use strong evidence to prove your case, such as eyewitness testimony from witnesses, medical records, defendant's statements, and expert witness opinions.

Your lawyer will then start the lawsuit. After the defendant has replied to your lawsuit, the case goes into the phase of fact-finding known as discovery.

The Complaint

Before a lawsuit can be filed, the injured party (plaintiff) must conduct pre-lawsuit discovery. This includes looking over police accident reports, making informal discovery and identifying liable parties.

After the plaintiff has completed this, they can make a complaint and summons. The complaint identifies the party who is being sued, and describes the harm caused by the defendant's conduct or lack thereof. It usually includes a request for damages for the victim's injuries including medical bills and lost wages, pain and suffering and other damages.

The defendant is then given 30 days to file a reply which is referred to as an answer in which they acknowledge or deny the allegations contained in the complaint. They can also add an additional defendant from a third party or make an appeal.

During the discovery phase where both sides exchange relevant information about their positions and the evidence they have in the case. This includes depositions (also called interrogatories), written questions (also known as interrogatories) and requests for documents. This typically comprises the major portion of the litigation timeline. In this stage, if there are any settlement opportunities they will be discussed. The case will then go to trial if there is no settlement. During this time your lawyer will explain your side of the story to a jury or judge and the defendant will defend themselves.

The Discovery Phase

Discovery is a formal process that allows you and your legal team to share information with the other party and collect evidence. This can include witness testimony and details about your medical treatment, as well as proof of losses you have suffered. Your attorney may also employ several different tools during discovery to help your case, including interrogatories, requests for documents and depositions. Interrogatories are written queries which require a response in writing as well as requests for documents require the submission of all relevant documents under the control of each party. Requests for admission ask the other party to admit certain facts. This could save time and money since attorneys do not need to prove these undisputed facts at trial. Depositions are live discussions with witnesses, where your attorney can ask them questions regarding the incident while under an oath. Their responses will be recorded and transcribed.

Discovery can be an uncomfortable, long and invasive process, but it is essential to gather the evidence needed to win your injury claim. Your attorney will be willing to go over the specifics of the discovery process in your free consultation. For instance, if you try to hide a preexisting health issue that caused your waite park injury attorney to get worse or aggravated, the information could be discovered in the process of discovery and removed from your case.

The Negotiation Phase

The negotiation of a settlement is the main goal of many lawsuits involving injuries. This process usually involves an exchange of back-and between your lawyer and that of the responsible party's insurer. This may include informal conversations/correspondence (by phone, in meetings, by email) where the parties trade offers and counter-offers. Your lawyer can help decide on a number to request for your settlement, and then assist in negotiations.

The amount of damages, which includes medical bills, lost wages and future loss, is a factor that is always changing. Your injuries could get worse over time, which can increase your losses in the future and decrease the value of your current losses. Your lawyer will ensure that your damages are in line with the current condition of your injuries as well as a full prognosis for future recovery.

Insurance companies usually attempt to limit their payout by arguing about certain aspects of your claim. This can prolong settlement negotiations but your lawyer will have strategies to help you navigate these issues and get the most favorable outcome for your case. The process of negotiating an agreement can take months or years. Negotiations can take several months or even years, depending on many different factors.

The Trial Phase

While the majority of cases involving injuries are resolved by settlement negotiations outside of court, your lawyer may choose to take your case to trial if a fair solution is not reached. This can be a stressful long, expensive and costly process. The jury must also decide if you are compensated for your injuries, and should they, if so, in what amount. Your lawyer must thoroughly investigate your case to understand the circumstances surrounding your bellevue injury lawsuit, as well as the severity of the injuries, damages and the costs.

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

The judge will explain to the jury the legal standards that must be adhered to in order for them to decide whether to go in favor of the plaintiff or against the defendant. This is known as jury instruction. Afterwards, each side makes their closing arguments. If the jury is not able to agree on a final verdict, the judge will declare the trial an unconstitutional trial. If you're not satisfied with the outcome of your trial, there might be an appeal to be made.