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Injury Litigation

Legally, it is the procedure that allows you to recover compensation for your injuries and losses. Your lawyer will create solid evidence in your case that includes eyewitness testimony, medical documents as well as statements of the defendant and expert witness opinions.

Your lawyer will file your lawsuit. After the defendant has responded to the lawsuit, lawsuits the case will move into an investigation of facts, also known as discovery.

The Complaint

Before a lawsuit is filed, an injured party (plaintiff) must conduct pre-lawsuit discovery. This involves reviewing police accident reports, conducting informal discovery, and identifying potentially liable parties and legal remedies that can be filed against them.

After the plaintiff has completed this, they are able to submit a summons and a complaint. The complaint describes the harm caused by the defendant's or his actions. It typically includes a demand to recover damages for injuries suffered by the victim, including medical bills and lost wages or income, as well as pain and other damages.

The defendant is then given 30 days to file a response or answer or answer, in which they accept or deny the allegations in the complaint. They may also include an additional defendant from a third party or file counterclaims.

During the discovery stage, both parties will exchange relevant information regarding their positions and evidence. This usually involves depositions, written questions (called interrogatories) and requests for documents. This usually accounts for the most of the timeline for lawsuits. If there are settlement options that are available, they will be negotiated during this period. Otherwise the case will go to trial. In this instance your attorney will be able to explain your perspective to a jury or judge and the defendant will take on their defense.

The Discovery Phase

The discovery phase is a formal procedure that allows your legal team and the party at fault to exchange information and gather evidence. This can include witness testimony or details of the treatment you received from your doctor, and proof of losses you have suffered. Your attorney can use several tools to help you during discovery, such as interrogatories and requests for documents. Interrogatories are written questions that require a written answer and requests for documents require the submission of all relevant documents that fall under the control of each party. Requests for admission are written letters to the other party asking for them to acknowledge certain facts. This can save time and cost as the attorneys don't have to prove the facts at trial. Depositions are live discussions with witnesses. During these interviews, your attorney can ask them questions about the incident while under an oath. Their responses will be recorded and then transcribed.

While it might appear to be an lengthy process that is invasive, uncomfortable and tedious but it is an essential step to gather the evidence necessary to win your honolulu injury lawyer case. Your lawyer will be able to discuss the specifics of the discovery process in your free consultation. For instance, if you try to hide a preexisting condition that your injury worsened it could be discovered during the discovery process and thrown out of your case.

The Negotiation Phase

A settlement that is negotiated is the main goal of many lawsuits involving injuries. The process typically involves a exchange of back and with your lawyer and that of the insurer of the party who is responsible. This may include informal conversations/correspondence (by phone, in meetings, by email) where the parties trade offers and counter-offers. Your lawyer can help choose the appropriate number to ask for your settlement and can then assist in negotiations.

The amount of damages, including medical bills, lost wages, and future losses, is a variable that changes. Your injuries could get worse over time, which could increase your losses in the future and decrease the value of your current losses. Your attorney will work to ensure that your damages are based on the current state of your injuries, and provide a complete outlook for future recovery.

Often, insurance companies are trying to limit the amount they pay for claims by arguing against some aspects of your case. This can lead to delay in settlement negotiations. However your lawyer has strategies to assist you in overcoming these obstacles to get the best possible outcome for your case. In some instances, the process of negotiating an agreement could be lengthy, sometimes even for years. Negotiations can last for months or even a whole year based on a variety of factors.

The Trial Phase

The majority of injury cases are resolved outside of court through settlement negotiations. If there is no resolution the lawyer could decide to proceed to trial. It is a stressful lengthy, costly and expensive procedure. It also requires the jury to decide whether the defendant should be accountable for your injuries and how much money you should receive. Your lawyer must thoroughly research your case to understand the circumstances surrounding your injuries, the severity of damages, injuries and the costs.

Your attorney will now call witnesses and experts and present evidence, including photographs, documents, and lawsuits medical reports. This is the "case-in-chief" phase. The defense attorney will summon witnesses to testify in defense and argue that plaintiffs shouldn't be awarded damages. The jury or judge will then look at 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 for the plaintiff and against the defendant. This is known as jury instruction. Each side will then present its closing arguments. If the jury cannot agree on a verdict the judge will declare that the trial a mistrial. If you are not happy with the results of your trial, there could be a right to appeal.