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Injury Litigation Injury litigation is a legal process by which you can claim compensation for your injuries and losses. Your lawyer for injury will make use of strong evidence to prove your case, including eyewitness testimonies, medical documentation in the form of statements from the defendant, as well as expert witness opinions. Your lawyer will start the lawsuit. After the defendant has reacted to your lawsuit, the case goes into a stage of fact-finding called discovery. The Complaint Before a lawsuit is filed, the injured person (plaintiff), must conduct pre-lawsuit investigations. This involves reviewing police accident reports and conducting informal discovery and identifying potentially liable parties and legal remedies that can be asserted against them. The plaintiff is then able to file a summons with a complaint. The complaint describes the harm caused by the defendant's action or his actions. It usually includes a request for compensation for the victim's medical expenses as well as lost income, suffering and pain, and other damages resulting from their injuries. The defendant will then have 30 days to file a reply which is referred to as an answer in which they acknowledge or deny the allegations made in the complaint. They may also file a counterclaim or add a third-party defendant the suit. During the discovery stage, both parties will exchange pertinent information about their positions and the evidence. This involves depositions (also known as interrogatories), written questions (also known as interrogatories), as well as requests for documents. This is typically the majority of the timeframe for a lawsuit. If there are any settlement options they will be discussed. In the event that there is no settlement, the case will progress to trial. In this time, your attorney will tell your side of the story to a jury or judge and the defendant will defend themselves. The Discovery Phase Discovery is a formal stage that allows you and your legal team to exchange information with the other party and gather evidence. This could include witness testimony and details about your medical treatment, as well as evidence of losses you've suffered. Your attorney can also use various tools during discovery to aid your case, including interrogatories and requests for documents and depositions. Requests for documents are essentially requests to provide all relevant documentation that is under each party's control. Interrogatories require written responses. Requests for admissions ask the other side to admit certain facts. This can save time and money as attorneys do not need to prove these uncontested facts at trial. Depositions are live discussions with witnesses, where your attorney can ask them questions regarding the incident while under oath. Their answers will be recorded and then transcribed. Discovery may seem like an uncomfortable, lengthy and time-consuming process, however it is essential to gather the evidence you require to prove your injury claim. Your lawyer will be willing to go over the specifics of the discovery process with you during your no-cost consultation. For instance, if try to hide a preexisting condition that your injury worsened or aggravated, the information could be discovered in the process of discovery and then thrown out of your case. The Negotiation Phase Reaching a negotiated settlement is the aim of the majority of lawsuits involving injuries. The process for achieving this goal typically involves an exchange of information 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 request for your settlement and then assist in negotiations. One of the challenges of settlement of an injury claim is that the amount you are owed (including medical bills loss of income, future losses – is an evolving aspect. Your injuries could worsen over time. This could increase future losses or reduce the value of current losses. Your attorney will ensure that your damages are determined based on your current injuries and your prognosis for future recovery. Often, insurance companies are trying to limit their payouts for claims by arguing against certain elements of your case. This can prolong settlement negotiations however, your lawyer has strategies to help you overcome these challenges and reach the best possible outcome for your case. In some instances the process of negotiating an agreement could be lengthy, sometimes even for years. Negotiations can last for several months or even years, depending on many different factors. The Trial Phase While the majority of cases involving injuries are resolved through settlement negotiations outside of court, your lawyer may choose to take your case to trial if a satisfactory resolution is not attainable. It is a costly lengthy, time-consuming and stressful procedure. It also requires the jury to decide whether the defendant is responsible for your injuries and how much money you should receive. Your lawyer must thoroughly research your case to understand the circumstances of your injuries, the severity of damages, injuries and costs. At this point, your attorney will call witnesses and experts to testify, and provide evidence physical such as documents, photographs, and medical reports. This is the “case-in-chief” phase. The defense attorney will summon witnesses to testify and argue for the reasons why the plaintiff shouldn't be awarded damages. The judge or jury will then take into consideration the evidence and arguments made by both parties. The judge will then go over the legal requirements that must be met for the jury to come up with a verdict for the plaintiff and against the defendant. This is known as jury instruction. Each side will then present its closing arguments. If the jury is unable to agree on a verdict and the judge declares a mistrial. If injury lawsuit wyoming 're not satisfied with the outcome of your trial, there may be a right to appeal.