bronxville injury lawyer Litigation

Injuries litigation is the legal process which allows you to claim compensation for your injuries and losses. Your injury attorney will build solid evidence for your case, including eyewitness testimony, medical records testimony of the defendant, expert witness opinions.

Your lawyer will then submit your lawsuit. If the defendant does not respond, the case enters an investigation stage, injury attorney also known as discovery.

The Complaint

Before the lawsuit is filed, an injured person (plaintiff) must conduct pre-lawsuit discovery. This involves reviewing the police accident reports, conducting informal discovery and identifying at-fault parties.

Once the plaintiff has done this, they are able to make a complaint and summons. The complaint identifies the party who is being sued and exposes the harm caused by the defendant's actions or lack thereof. It typically includes a demand for compensation to compensate the victim for their injuries, including medical bills, lost wages, pain and suffering and other damages.

The defendant is then given 30 days to file a response, known as an answer in which they acknowledge or deny the allegations contained in the complaint. They may also add an additional defendant, or make an appeal.

During the discovery phase during the discovery phase, both sides will share pertinent information regarding their positions and the evidence they have in the case. This phase includes depositions (also called interrogatories) as well as written questions (also known as interrogatories) as well as requests for documents. This is typically the majority of the timeframe for a lawsuit. In this phase, if there are settlement opportunities that are discussed, they will be discussed. The case will then proceed to trial if there's no settlement. In this instance your attorney will be able to give your argument before a judge or a jury 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 at-fault party to exchange information and gather evidence. This may include witness statements, information regarding your medical treatment, and proof of the losses you've incurred. Your attorney may use a variety tools to aid you in discovery, including interrogatories as well as requests for documents. Interrogatories are written questions which require a response in writing and requests for documents requires the submission of all relevant documents that fall under the control of the parties. Requests for admissions require the other party to acknowledge certain facts, which can help save time and money because attorneys do not need to prove the facts uncontested during trial. Depositions are live interviews with witnesses, during which your attorney can ask them questions about the incident while under the oath. Their responses will be recorded and transcribed.

Discovery may seem like an uncomfortable, long and tedious process, but it is essential to gather the evidence needed to win your injury claim. During your free consultation, your attorney can discuss the specifics of the discovery process. For instance, if you attempt to conceal a preexisting condition that has aggravated your injury attorney or aggravated, the information could be discovered during the discovery process and dismissed from your case.

The Negotiation Phase

A settlement that is negotiated is the main goal of many injuries. The process to achieve this goal is usually an exchange of information between your lawyer and the 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 number of settlement that you want to request and assist in negotiations.

The amount of damages, such as medical bills, lost wages and future losses, is a variable that is constantly changing. Your injuries may worsen over time, which may increase your future losses, and reduce the amount of your current losses. Your lawyer will ensure that your damages are based on the current state of your injuries as well as a complete outlook for future recovery.

Often insurance companies are trying to limit their payout for claims by arguing against some aspects of your case. This can cause delays in settlement negotiations however, your lawyer can provide strategies to help you overcome these difficulties and achieve the most favorable outcome for your case. In certain cases negotiations to reach an agreement can be a long process that can take months or even years. Negotiations can last for months or even years depending on a variety of factors.

The Trial Phase

While the majority of injuries cases are resolved through settlement negotiations, which are not in the courtroom, your attorney could decide to take your case to trial if a satisfactory solution is not reached. This is an expensive lengthy, time-consuming and stressful procedure. The jury also has to decide whether the defendant is responsible for your injuries, and the amount you will receive. It is crucial for your lawyer to thoroughly research your case prior to the trial to fully understand how you were injured, the extent of your injuries, damages and costs.

Your lawyer will now call witnesses and experts, and will present physical evidence, such as photos documents, documents, and medical reports. This is known as the "case-in-chief" phase. The defense attorney will call witnesses to testify as a defense and argue that plaintiffs should not be awarded damages. The judge or jury then evaluates the evidence and arguments of both sides.

The judge will then discuss the legal standards to be met in order for the jury to come up with a verdict for the plaintiff and against the defendant. This is referred to as jury instruction. Each side then presents its closing arguments. If the jury is unable reach a decision and the judge decides to declare a mistrial. If you are not happy with the results of the trial, there could be an appeal option.