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Injury Litigation
Injury litigation is the legal process that allows you to collect compensation for your injuries and losses. Your injury lawyer will develop solid evidence in your case by utilizing eyewitness testimony in the form of defendant statements, expert witness opinions.
Your lawyer will file your lawsuit. Once the defendant has responded, the case enters an inquiry stage known as discovery.
The Complaint
Before a lawsuit can be filed, an injured party (plaintiff) must conduct pre-lawsuit discovery. This involves reviewing police accident reports and conducting informal discovery and identifying parties that could be liable and causes of action that could be argued against them.
The plaintiff is then able to file a summons with a complaint. The complaint details the damages caused by the defendant's action or his actions. It typically includes a demand for damages for injuries suffered by the victim, including medical bills and lost wages, pain and suffering and other damages.
The defendant has 30 days to respond, also known as an answer. In this response, the defendant can accept or deny the allegations made in the complaint. They may also include an additional defendant from a third party or file an appeal.
During the discovery stage, both parties will exchange relevant information regarding their positions and evidence. This includes depositions (also known as interrogatories) as well as written questions (also known as interrogatories) and requests for documents. This is typically the major portion of the litigation timeline. During this phase, if there are settlement opportunities the possibility of settlement will be discussed. If not, 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 phase that permits you and your legal team to exchange information with the other party and gather evidence. This may include witness testimony or details of your medical treatment, and evidence of the losses you've suffered. Your attorney can also use different tools in discovery to help your case, including interrogatories, documents requests and depositions. Requests for documentation are requests to provide all relevant documents that is within the respective parties' control. Interrogatories require written responses. Requests for admission are written demands to the other party requesting them to accept certain facts. This will save time and cost as the attorneys do not have to prove their case during trial. Depositions are live conversations with witnesses in which your attorney can inquire about the incident under oath, and get their answers recorded and translated by a court reporter.
While injury attorney tennessee might appear to be a long process that is invasive, uncomfortable and tedious but it is an essential step to gather the evidence required to win your injury claim. During your consultation for free with your attorney, you will be able to discuss the specifics of the discovery process. For instance, if you attempt to conceal a preexisting health issue that caused your injury to get worse and this information is discovered in the process of discovery and then thrown out of your case.
The Negotiation Phase
Reaching a negotiated settlement is the primary goal in most lawsuits involving injuries. This process usually involves a back and between your lawyer and the insurer of the responsible party. This may include informal conversations/correspondence (by phone, in meetings, by email) where the parties trade offers and counter-offers. Your lawyer can help you determine the best number to demand 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 which includes medical bills or lost income as well as future losses - is a dynamic aspect. The severity of your injuries could increase over time, which can increase your future losses, and reduce the amount of your current losses. Your attorney will work to ensure that your damages are based on the current state of your injuries, and provide an accurate prognosis for your future recovery.
In many cases insurance companies attempt to limit the amount they pay for claims by challenging certain aspects of your case. This could delay settlement negotiations, but your lawyer has strategies to help you get through these challenges and reach the best possible outcome for your case. Negotiating an agreement can sometimes take a long time or even years. Negotiations can take months or even years based on a variety of factors.
The Trial Phase
While the majority of injuries cases are resolved through settlement talks 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, expensive and time-consuming process. The jury also has to decide if the defendant should be responsible for your injuries, and what amount of compensation you should be awarded. Your lawyer must thoroughly research your case in order to understand the circumstances surrounding your injuries, the severity of injuries, damages, and costs.
At this point, your attorney will summon witnesses and experts to testify. They will also present physical evidence 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 should not be awarded damages. The judge or jury then decides on the arguments and evidence of both parties.
The judge will then discuss the legal standards that must be met for the jury to find in favor of the plaintiff and against the defendant. This is referred to as jury instruction. Each side then makes its closing arguments. If the jury cannot agree on a final verdict, the judge will declare that the trial is an unconstitutional trial. In some rare instances appeals might be available in the event that you are not satisfied with the results of your trial.