Injury Litigation

Injury litigation is a legal procedure that allows you to get compensation for your injuries and losses. Your opp injury lawyer attorney will build strong 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. When the defendant has responded then the case goes to a fact-finding stage called discovery.

The Complaint

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

The plaintiff is then able to file an accusation and summons. The complaint describes the harm caused by the defendant's or his actions. It typically includes a request for compensation for medical bills as well as lost income, injury pain and suffering, and other damages arising from their injuries.

The defendant has 30 days to respond, referred to as an answer. In this response, the defendant is able to accept or deny the allegations made in the complaint. They can also add an additional defendant, or make a counterclaim.

During the discovery stage, both parties will exchange pertinent information about their positions and evidence. This typically includes depositions, written questions (called interrogatories), and requests for documents. This process usually occupies the majority of the timeframe for an action. If there are settlement opportunities that are available, they will be negotiated during this time. If not, the case will progress to trial. During this time your lawyer will present your side of the tale before a judge or jury and the defendant will defend themselves.

The Discovery Phase

The discovery phase is a formal procedure that permits your legal team and the party at fault to exchange information and gather evidence. This may include witness statements, information regarding your medical treatment, and evidence of the losses you've suffered. Your attorney may also employ several tools during discovery to help your case, such as interrogatories, documents requests and depositions. Requests for documents are requests to supply all relevant documentation that is under each party's control. Interrogatories require written responses. Requests for admission are written demands to the other party asking for them to acknowledge certain facts. This will save time and cost as the attorneys do not have to prove the facts during trial. Depositions are recorded interviews with witnesses, where the attorney can interview them about the incident under oath, and have their answers recorded and translated by a court reporter.

Discovery can be an uncomfortable, injury lengthy and time-consuming process, however it is essential to gather the evidence needed to win your injury claim. During your consultation for free, your attorney can discuss the specifics of the discovery process. If you attempt to conceal a preexisting injury that worsened due to a medical condition that was already present, this information may be found out during discovery and your case could be thrown out.

The Negotiation Phase

Most injury cases aim to settle the case through negotiations. The process for achieving this goal usually involves a back-and-forth exchange between your lawyer and the insurance company. 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 ask for your settlement and can then assist in negotiations.

One of the biggest challenges in settlement of an colorado city injury lawsuit claim is that the amount you are owed which includes medical bills loss of income, future losses - is a constantly changing aspect. Your injuries could worsen over time. This could cause further losses or decrease the value of current losses. Your attorney will work to ensure that your damages are based on the current state of your injuries, and provide 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 can provide strategies to assist you in overcoming these obstacles to get the best possible outcome for your case. In some instances negotiations to reach an agreement could be lengthy, sometimes even for years. There are many factors that affect how long settlement negotiations last, but understanding what to expect will make the process less stressful and more efficient for you.

The Trial Phase

Most injury cases are resolved without court through settlement negotiations. If the resolution isn't reached, your lawyer may decide to take the case to trial. This is a costly lengthy and time-consuming procedure that can be stressful. The jury will also have to decide if you are paid for your injuries and if so, how much. It is therefore important for your lawyer to thoroughly research your case prior to the trial to fully comprehend the way you were injured and the extent of your injuries, damages and expenses.

At this moment, your lawyer will call witnesses as well as experts to testify and present evidence of physical nature, such as documents, photographs and medical reports. This is the "case-in-chief" phase. The defense attorney will then summon witnesses to testify and argue as to why the plaintiff should not be awarded damages. The jury or judge will then consider the evidence and arguments made by both parties.

The judge will then outline the legal requirements which must be followed for the jury to find in favor of the plaintiff and against the defendant. This is known as jury instruction. Each side then presents its closing arguments. If the jury is not able to agree on a verdict the judge will declare that the trial a mistrial. If you are not happy with the results of your trial, there could be an appeal available.