princeton injury law firm Litigation

Injuries litigation is a legal process that allows you to recover compensation for your injuries and losses. Your lawyer will use strong evidence to support your case. This includes eyewitness testimony, medical documents in the form of statements from the defendant, as well as expert witness opinions.

Your lawyer will begin the process of filing your lawsuit. If the defendant does not respond and the case is moved to the discovery phase, vimeo which is a process of finding facts.

The Complaint

Before the lawsuit is filed, an injured person (plaintiff) must conduct pre-lawsuit discovery. This includes reviewing accident reports as well as conducting informal discovery and identifying potential liable parties and available causes of action that can be argued against them.

Once the plaintiff has done this, they can file a summons and complaint. The complaint outlines the harm caused by the defendant's or his actions. The typical complaint will include a demand for compensation for medical bills loss of income, suffering and pain, as well as other damages resulting from their injury.

The defendant is then given 30 days to file a reply or answer or answer, in which they accept or deny the allegations in the complaint. They may also include third party defendants or file a counterclaim.

During the discovery phase, both parties will exchange pertinent information about their positions and the evidence. This involves depositions (also known as interrogatories) and written questions (also known as interrogatories) and requests for documents. This process usually occupies most of the time for the lawsuit. If there are settlement options that are available, they will be negotiated during this period. In the event that there is no settlement, the case will progress to trial. During this time, your attorney will tell your story to a jury or judge and the defendant will defend themselves.

The Discovery Phase

The discovery phase is a formal process that permits your legal team and the at-fault party to exchange information and gather evidence. This can include witness statements, information about your medical treatment and evidence of the losses you have incurred. Your attorney may also employ several different tools during discovery to help your case, such as interrogatories, requests for documentation and depositions. Interrogatories are written questions that require a written response and requests for documents require the submission of all relevant documents that fall under the control of the parties. Requests for admissions ask the other party to admit certain facts. This could save time and money since attorneys do not need to prove these undisputed facts in court. Depositions are live recordings of witnesses, where the attorney can question them about the incident under oath, and have their answers recorded and translated by a court reporter.

Although discovery can appear to be an lengthy, intrusive and uncomfortable process, it is a necessary step to gather the evidence you need to win your injury claim. During your free consultation, your attorney will be able to explain the specifics of the discovery process. If you attempt to conceal an injury that was already present and aggravated due to a preexisting medical condition the information could be discovered during discovery and your case could be dismissed.

The Negotiation Phase

Reaching a negotiated settlement is the aim of the majority of lawsuits involving 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 help you in deciding on the amount of settlements you would like to negotiate and help with negotiations.

The amount of damage, which includes medical bills, lost wages, and future losses, is a factor that is dynamic. The severity of your injuries could increase over time, which can increase your future losses and decrease the amount of your 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.

In many cases, insurance companies are trying to limit the amount they pay for claims by challenging certain aspects of your case. This can prolong settlement negotiations but your lawyer will have strategies to help you navigate these issues and get the most favorable outcome for your case. Negotiating a settlement can take months or years. Negotiations can last for months or even years based on various factors.

The Trial Phase

While most injury cases are resolved through settlement negotiations, which are not in court, your attorney may decide to take your case to trial if a fair solution is not reached. This can be a stressful lengthy, costly and expensive procedure. It also requires the jury to decide whether the defendant is responsible for your injuries, and how much money you will receive. Your lawyer must thoroughly research your case to understand the circumstances of your injury, as well as the severity of the injuries, damages and costs.

At this moment, your lawyer will summon witnesses and experts to testify, and present physical evidence such as photographs, documents and medical reports. This is referred to as the case-in­-chief phase. The defense attorney will summon witnesses to testify in counter argument and argue that plaintiffs shouldn't be awarded damages. The judge or jury then weighs the arguments and evidence of both sides.

The judge will explain to the jury the legal requirements which must be met in order to decide in the favor of the plaintiff or against the defendant. This is known as jury instruction. Afterwards, each side makes their closing arguments. If the jury cannot reach an agreement on a decision, the judge will declare that the trial a mistrial. In rare instances appeals might be available if you're not satisfied with the outcome of your trial.