brownsville injury law firm Litigation

Injuries litigation is a legal procedure through which you can get compensation for your injuries and losses. Your lawyer for injury will construct strong evidence for your case, including eyewitness testimony, medical documentation, defendant statements and expert witness opinions.

Your lawyer will then file your lawsuit. If the defendant does not respond, the case enters the discovery phase, which is a process of finding facts.

The Complaint

Before a lawsuit can be filed, an injured person (plaintiff) must conduct pre-lawsuit discovery. This includes reviewing accident reports, conducting informal discovery, and identifying potentially liable parties and causes of action that can be brought against them.

The plaintiff is then able to file a summons along with a complaint. The complaint details the damage caused by the defendant's or his actions. It typically contains a request for damages for the victim's injuries including medical bills as well as lost wages, pain and suffering and other damages.

The defendant will then have 30 days to file a response or answer or answer, in which they accept or deny the allegations in the complaint. They may also make a counterclaim 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 the evidence. This typically involves depositions written questions (called interrogatories), and requests for documents. This is usually the majority of the timeline for a lawsuit. If there are any settlement opportunities the possibility of settlement will be discussed. Otherwise the case will proceed to trial. During this time, your attorney will tell your side of the tale 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 collect evidence. This could include witness testimony and details about the treatment you received from your doctor, and proof of losses you have suffered. Your attorney may use a variety tools to aid you in discovery, including interrogatories as well as requests for documents. Requests for documentation are requests to supply all relevant documentation that is within the respective parties' control. Interrogatories require written responses. Requests for admissions ask the other side to admit certain facts. This can save time and money since the attorneys do not have to prove these undisputed facts in court. Depositions are recorded interviews with witnesses in which your attorney can inquire about the incident under oath, and have their answers recorded and transcribed by a court reporter.

While discovery may appear to be a long painful, invasive and uncomfortable process however, it is an essential step to gather the evidence you need to win your case. Your attorney will be willing to go over the specifics of the discovery process with you during your free consultation. If you try to hide an injury that was already present and aggravated due to a preexisting medical condition, this information may be discovered during discovery and your case could be dismissed.

The Negotiation Phase

Most injury cases aim to settle the case through negotiations. The process of reaching this goal typically involves a back-and-forth exchange 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 help you decide on a number to demand your settlement, and then assist in negotiations.

The amount of damage, which includes medical bills, lost wages, and future losses, is a variable that changes. Your injuries can get worse as time passes, which could increase your future losses, and reduce the value of your current losses. Your lawyer will ensure that your damages are determined by the current state of your injuries and a full prognosis for future recovery.

A lot of times insurance companies try to limit their payout for claims by arguing against certain elements of your case. This can result in a delay in settlement negotiations. However, your lawyer can provide strategies to help you overcome these obstacles and get the best possible outcome for your case. Negotiating a settlement can take months or even years. There are many factors that affect how long settlement negotiations will last, but understanding what to expect will make the process less stressful and injuries more effective for you.

The Trial Phase

While the majority of injuries cases are resolved by settlement negotiations outside of the courtroom, your attorney might decide to take your case to trial if a satisfactory solution is not reached. This can be a stressful costly and time-consuming process. It also requires the jury to decide whether the defendant is held liable for your injuries and how much money you should receive. Therefore, it is essential for your lawyer to thoroughly investigate your case in this phase to fully understand the extent of your injuries, injuries the extent of your injuries, damages and costs.

At this point, your lawyer will summon witnesses as well as experts to testify and present physical evidence such as documents, photographs and medical reports. This is known as the case-in chief phase. The defense attorney will summon witnesses to testify as a rebuttal, and argue that plaintiffs shouldn't be awarded damages. The jury or judge considers the arguments and evidence of both parties.

The judge will explain to the jury the legal requirements that must be adhered to in order to decide in the favor of plaintiffs or against defendants. This is known as jury instruction. Afterwards, each side makes their closing arguments. If the jury cannot reach a consensus and the judge declares a mistrial. In some cases an appeal could be available if unhappy with the outcome of your trial.