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Injury Litigation The process of suing for injury is a legal procedure that allows you to claim compensation for your injuries and losses. Your lawyer for injury will make use of strong evidence to prove your case. This includes eyewitness testimony from witnesses, medical records as well as the statements of the defendant and expert witness opinions. Your lawyer will then begin to file your lawsuit. Once the defendant has responded, the case enters an investigation stage, also known as discovery. The Complaint Before the lawsuit can be filed, the injured party (plaintiff) must conduct pre-lawsuit discovery. This involves reviewing police accident reports, making informal discovery and identifying possible responsible parties. The plaintiff may then file an order with a complaint. The complaint details the damage caused by the defendant's actions or his actions. injury lawsuit camden 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 response called an answer, in which they admit or deny the allegations contained in the complaint. They may also make an appeal or include a third-party defendant in the suit. During the discovery phase during the discovery phase, both sides will share relevant information about their positions and the evidence they have in the case. This typically includes depositions, written questions (called interrogatories), and requests for documents. This phase usually takes up the majority of the timeframe for the lawsuit. If there are settlement possibilities that are available, they will be negotiated during this time. The case will go to trial if there is no settlement. During this period the attorney will present your side of the story before a judge or jury and the defendant will defend themselves. The Discovery Phase The discovery phase is a formal process that allows your legal team and the party at fault to exchange information and gather evidence. It could include witness statements or details of your medical treatment, and proof of losses you have suffered. Your attorney can also use several tools during discovery to aid your case, including interrogatories and requests for documents and depositions. Interrogatories are written questions which require a response in writing while requests for documents involve requesting all relevant documentation under the control of the parties. Requests for admissions require the other party to accept certain facts, which can help save time and money because attorneys do not need to prove these facts during trial. Depositions are recorded interviews with witnesses, where the attorney can ask them questions about the incident under oath and have their answers recorded and transcribing by a court reporter. While discovery may appear to be an lengthy, intrusive and uncomfortable process, it is a necessary step to gather the evidence needed to win your case. Your attorney will be capable of discussing the details of the discovery process with you during your complimentary consultation. For instance, if you try to hide a preexisting condition that your injury worsened it could be discovered in the process of discovery and thrown out of your case. The Negotiation Phase Negotiating a settlement is the primary goal in most injuries. The process for achieving this goal is usually an exchange of information between your lawyer and the responsible party's 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 assist in deciding on the amount of settlement that you want to seek and assist with negotiations. One of the issues with the process of settling an injury case is that the amount of your damages which includes medical bills, lost income, and future losses – is an evolving factor. Your injuries could worsen over time. This could lead to a rise in future losses or diminish the value of your current losses. Your attorney will ensure that your damages are determined based on the severity of your injuries as well as the probability of future recovery. Most often insurance companies try to limit their payouts for claims by arguing against certain elements of your case. This could delay settlement negotiations, but your lawyer has strategies to help you navigate these issues and get the best possible outcome for your case. In some instances the process of negotiating an agreement could take months or even years. Negotiations can last for months or even years depending on many factors. The Trial Phase While most injury cases are resolved by settlement negotiations outside of the courtroom, your attorney could decide to bring your case to trial if a satisfactory solution is not reached. This is an expensive lengthy and time-consuming procedure that can be stressful. The jury must also decide if you should be compensated for your injuries and, If so, what amount. Your lawyer must thoroughly research your case in order to understand the circumstances surrounding your injuries, the severity of the injuries, damages and costs. Your attorney will now summon witnesses and experts and present physical evidence, like photographs documents, medical reports. This is known as the case-in chief phase. The defense attorney will then summon witnesses to testify and argue as to why the plaintiff shouldn't be awarded damages. The judge or jury considers the arguments and evidence of both parties. The judge will then explain the legal requirements that must be met in order for the jury to come up with a verdict in favor of the plaintiff and against the defendant. This is called jury instruction. Then, each side presents their closing arguments. If the jury is unable reach a consensus on a verdict and the judge decides to declare a mistrial. If you're not satisfied with the outcome of your trial, there might be an appeal to be made.