Injury Litigation
Injury litigation is the legal procedure that allows you to seek compensation for your injuries and losses. injury lawyer lubbock for injury will make use of strong evidence to prove your case, such as eyewitness testimony from witnesses, medical records in the form of statements from the defendant, as well as expert witness opinions.
Your lawyer will file your lawsuit. Once the defendant has responded and the case is moved to an inquiry stage known as discovery.
The Complaint
Before the lawsuit can be filed, the injured person (plaintiff) must conduct pre-lawsuit discovery. This includes reviewing police accident reports, conducting informal discovery, and identifying any potentially liable parties and possible causes of action that may be filed against them.
After the plaintiff has completed this, they can make a complaint and summons. The complaint identifies who is the party who is being sued and details the harm caused by the defendant's conduct or inaction. It typically contains a request to seek damages for the victim's injuries including medical bills, lost wages, pain and suffering and other damages.
The defendant will then have 30 days to file a response which is referred to as an answer in which they either admit or deny the allegations made in the complaint. They may also make an appeal or add a third-party defendant the suit.
During the discovery stage during the discovery phase, both parties will share relevant information regarding their positions and evidence. This typically involves depositions written questions (called interrogatories) and requests for documents. This phase typically accounts for the majority of the timeframe for a lawsuit. If there are settlement options, they will take place during this time. In the event that there is no settlement the case will proceed to trial. In this time your lawyer will present your story before a judge or jury and the defendant will defend themselves.
The Discovery Phase
Discovery is a formal phase that permits you and your legal team to exchange information with the other party and collect evidence. This can include witness testimony and details about your medical treatment, and evidence of the losses you've suffered. Your attorney can also use several different tools during discovery to help your case, such as interrogatories, documents requests and depositions. Requests for documents are the requests to provide all relevant documentation which is within each party's control. Interrogatories require written responses. Requests for admissions require the other party to acknowledge certain facts, which can help save time and money because lawyers do not have to prove these undisputed facts in court. Depositions are recorded interviews with witnesses where your attorney can question them about the incident under oath and have their answers recorded, and then transcribed by a court reporter.
Although discovery can appear to be an lengthy unpleasant, time-consuming and uncomfortable process however, it is an essential step to gather the evidence necessary to win your case. During your free consultation, your attorney will be able to explain the details of the discovery process. If you try to hide an injury that is preexisting and has gotten worse 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
Negotiating a settlement is the aim of the majority of injury cases. This usually involves a exchange of back and to and back-and-forth between your lawyer as well as 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 assist in deciding on the amount of settlement that you want to negotiate and help with negotiations.
One of the issues with the process of settling an injury case is that the amount of your damages including medical expenses loss of income, future losses - is a constantly changing factor. Your injuries can get worse over time. This could increase future losses or decrease the value of current losses. Your lawyer will ensure that your damages are dependent on the current condition of your injuries as well as a full prognosis for future recovery.
Most often insurance companies are trying to limit the amount they pay for claims by arguing against certain aspects of your case. This could result in delays in settlement negotiations. However your lawyer can provide strategies to help you overcome these obstacles and achieve the best outcome for your case. In some cases, the process of negotiating an agreement can be lengthy, sometimes even for years. Negotiations can take months or even a whole year based on various factors.
The Trial Phase
Most cases of injury are resolved without court through settlement negotiations. If there is no resolution your lawyer could decide to bring the case to trial. It is a stressful costly and time-consuming process. It also requires the jury to decide whether the defendant should be accountable for your injuries, and how much money you should be awarded. Your lawyer should thoroughly investigate your case to discover the circumstances surrounding your injury, as well as the severity of damages, injuries and the costs.
Your attorney will now summon witnesses as well as experts and present physical evidence, such as photographs documents, documents, and medical reports. This is the "case-in-chief" phase. The defense attorney will 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 sides.
The judge will then outline the legal requirements which must be followed for the jury to decide for the plaintiff and against the defendant. This is known as jury instruction. Afterwards, each side makes their closing arguments. If the jury is unable to agree on a verdict the judge will declare the trial a mistrial. In rare instances, an appeal may be available if not satisfied with the results of your trial.