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Injury Litigation Injury litigation is the legal process which allows you to claim compensation for your injuries and losses. Your lawyer will use strong evidence to prove your case, which includes eyewitness testimony, medical documents defense counsel's statements, defendant's testimony, and expert witness opinions. Your lawyer will begin the process of filing your lawsuit. After the defendant has responded to your lawsuit, the case goes into a stage of fact-finding called discovery. The Complaint Before a lawsuit is filed, an injured person (plaintiff) must conduct pre-lawsuit discovery. This involves studying the police accident reports, conducting informal discovery, and identifying potential responsible parties. The plaintiff can then file a summons along with a complaint. The complaint is a formal declaration of the party who is being sued. It also describes the harm that was caused by the defendant's conduct or lack thereof. It usually includes a request for compensation for the victim's medical bills and lost income, as well as suffering and pain, and other damages resulting from their injury. The defendant has 30 days to respond, which is also referred to as an answer. In this response, the defendant has the option to accept or deny the allegations made in the complaint. They may also add a third party defendant or make an appeal. During the discovery phase, both sides will exchange relevant information about their respective positions and evidence in the case. This typically involves depositions written questions (called interrogatories) and requests for documents. This phase typically accounts for the most of the timeline for lawsuits. If there are settlement opportunities these will occur during this time. In the event that there is no settlement the case will go to trial. During this period your lawyer will present your story to a jury or judge 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 can include witness testimony as well as details of your medical treatment and evidence of losses you've suffered. Your lawyer can also make use of several different tools in discovery to help your case, such as interrogatories, documents requests and depositions. injury lawyer bellingham for documents are the 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 side asking for their admission to certain facts. This can cut down on time and money as the attorneys don't have to prove the facts in court. Depositions are live interviews of witnesses where your attorney can inquire about the incident under oath, and have their answers recorded and translated by a court reporter. Discovery may seem like an uncomfortable, lengthy and intrusive process, but it is essential to gather the evidence you need to prove your injury claim. Your lawyer will be able to discuss the specifics of the discovery process with you during your complimentary consultation. For example, if you attempt to conceal a preexisting condition that your injury worsened it could be discovered in the process of discovery and then thrown out of your case. The Negotiation Phase The majority of injury cases seek to settle through negotiations. This usually involves an exchange of information back and forth 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 assist in determining the amount of settlement you wish to seek and assist in negotiations. One of the issues with the process of settling a claim for injury is that the amount of your damages (including medical bills as well as lost income and future losses – is a constantly changing factor. Your injuries may worsen over time, which could increase your losses in the future and decrease the value of your current losses. Your attorney will ensure that your damages are determined based on your current injuries as well as the probability of future recovery. A lot of times, insurance companies are trying to limit their payout for claims by arguing against specific elements of your case. This can cause delays in settlement negotiations but your lawyer will have strategies to help you overcome these obstacles and get the best possible outcome for your case. Negotiating an agreement can sometimes take months or years. Negotiations can take several months or even years, depending on various factors. The Trial Phase While most injury cases are resolved through settlement talks outside of court, your attorney may decide to take your case to trial if a fair resolution is not attainable. This is an expensive and time-consuming process that can be stressful. The jury will also have to decide if you should be compensated for your injuries and, in the event that they do, how much. Your lawyer should thoroughly investigate your case to discover the circumstances of your injuries, the amount of damages, injuries and costs. At this point, your attorney will call witnesses and 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 call witnesses to testify and argue for the reasons why the plaintiff shouldn't be awarded damages. The jury or judge will then consider the evidence and arguments put forward by both parties. The judge will then outline the legal requirements that must be met in order for the jury to decide in favor of the plaintiff and against the defendant. This is referred to as jury instruction. After that, both sides present their closing arguments. If the jury is unable agree on a verdict, the judge will declare a mistrial. If you are not happy with the results of your trial, there could be an appeal option.