injury law firm everett is a legal process that allows you to claim compensation for your injuries and losses. Your injury attorney will build solid evidence for your case that includes eyewitness testimony, medical documentation in the form of defendant statements, expert witness opinions.
Your lawyer will start the lawsuit. After the defendant has responded to the lawsuit, the case will move into a stage of fact-finding called discovery.
The Complaint
Before the lawsuit is filed, an injured party (plaintiff) must conduct pre-lawsuit discovery. This includes reviewing police accident reports as well as conducting informal discovery and identifying parties that could be liable and available causes of action that may be filed against them.
After the plaintiff has completed this, they are able to start a summons as well as a complaint. The complaint details the damages caused by the defendant's actions or his actions. The typical complaint will include a demand for compensation for medical bills and lost income, as well as suffering and other damages arising from their injury.
The defendant has 30 days to respond, also referred to as an answer. In this response, the defendant is able to accept or deny the allegations made in the complaint. They may also add an additional defendant from a third party or make an appeal.
During the discovery stage, both parties will exchange relevant information regarding their positions and the evidence. This usually includes depositions, written questions (called interrogatories) and requests for documents. This is usually the majority of the timeline for a lawsuit. If there are settlement opportunities, they will take place during this time. If not the case will go to trial. During this period the attorney will present your side of the tale before a judge or jury and the defendant will defend themselves.
The Discovery Phase
Discovery is a formal process that permits you and your legal team to share information with the other party and gather evidence. This could include witness statements, details regarding your medical treatment, and evidence of the losses you've suffered. Your lawyer may also employ several tools during discovery to aid your case, such as interrogatories, requests for documents and depositions. Interrogatories are written questions which require a response in writing as well as requests for documents require the submission of all relevant documentation that is under the control of the parties. Requests for admission require the other side to admit certain facts. This can save time and money since the attorneys don't have to prove these facts in court. Depositions are live interviews with witnesses. During these interviews, your attorney can ask them questions about the incident while under the oath. Their responses will be recorded and then transcribed.
While it might seem like a lengthy process that is invasive, uncomfortable and tedious, it is a necessary step to gather the evidence required to win your injury claim. During your free consultation with your attorney, you will be able discuss the specifics of the discovery process. If you attempt to conceal an injury that is preexisting and has gotten worse due to a medical condition that was already present, this information may be found out during discovery and your case could be thrown out.
The Negotiation Phase
The negotiation of a settlement is the aim of the majority of lawsuits involving injuries. This process usually involves an exchange of back-and to and back-and-forth between your lawyer as well as the responsible party's insurer. 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 the amount of settlement you wish to negotiate and help in negotiations.
The amount of damages, which includes medical bills, lost wages, and future losses, is a variable that is dynamic. Your injuries could get worse over time, which may increase your losses in the future and decrease the value of your current losses. Your attorney will ensure that your damages are determined based upon your current injuries and your prognosis for future recovery.
A lot of times insurance companies are trying to limit their payouts for claims by arguing against certain aspects of your case. This could delay settlement negotiations but your lawyer will have strategies to help you overcome these issues and get the most favorable outcome for your case. In some cases negotiations to reach an agreement can take months or even years. Numerous factors influence how long settlement negotiations be, but knowing what to expect will make the process less stressful and more effective for you.
The Trial Phase
While the majority of cases involving injuries are resolved by settlement negotiations outside of court, your attorney may decide to take your case to trial if an acceptable resolution cannot be reached. This can be a difficult, expensive and time-consuming procedure. The jury also has to decide if the defendant should be responsible for your injuries and what amount of compensation you will receive. Therefore, it is essential for your lawyer to conduct thorough research on your case in this phase to fully comprehend the nature of your injuries and the extent of your injuries, damages and costs.
Your attorney will now call witnesses and experts, and will present physical evidence, like photographs documents, medical reports. This is known as the case-in chief phase. The defense attorney will call witnesses to testify in rebuttal, and argue that the plaintiff should not receive damages. The judge or jury decides on the arguments and evidence of both sides.
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 known as jury instruction. Following that, each side will present their closing arguments. If the jury cannot agree on a verdict, the judge will declare that the trial a mistrial. If you're not satisfied with the result of your trial, there might be a right to appeal.