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How to File a Personal Injury Case
In a personal Injury lawyer seattle injury case you must show that the defendant had a duty towards you, breached this duty and caused your injuries. Proof usually requires evidence such as medical documents and lost income documents (pay stubs and invoices, tax returns) and other documents.
It is also necessary to prove your losses, which includes non-economic damages like suffering and pain and loss of enjoyment.
Complaint
The complaint is a formal legal document that details your claims in your personal injury claim against the defendant (party at fault). It outlines the details of your accident, your injuries and the demand for compensation.
Defendants must file an answer to the complaint within a specific amount of time. They usually contest the allegations and present one or more defenses. If they don't respond, you may be awarded a default judgement in your favor.
Your attorney collaborates with medical experts and other experts to gather evidence of the causality, fault, and liability. This is the process of finding facts of a personal injuries lawsuit, and it occupies most of the timeline.
Personal injury cases are covered by state negligence laws and statutes of limitation. However, the majority laws that apply to your case comes from previous court decisions which were either made by the same court in which your case is being considered or made by higher appellate courts. Your lawyer will use these cases to support your arguments in your case. For instance, if seek compensation for lost wages the lawyer will point to precedents that state that you are required to take reasonable steps to mitigate your losses. If you are injured, you'll need to cut down your working hours or find another job to compensate for your injuries.
Discovery
During this phase prior to trial in which both sides are required to divulge all information they will use at trial. This is accomplished through an process called discovery. The discovery process comprises documents, interrogatories, and depositions.
The interrogatories include a series questions that each party in the case must answer under the oath. The questions ask for information about witnesses, insurance plans, other lawsuits as well as experts, claims and medical providers. Interrogatories usually have a time limit within which the parties need to answer the questions. Attorneys can help with the preparation of their clients' answers to the interrogatories.
Requests for production are demands that each party submit documents or other materials such as computer discs that are relevant to the claim. These documents could include photos of the scene of the accident, letters or emails from the parties involved, repair estimates medical bills and documents, tax returns for income in relation to lost wages and much more.
During the discovery phase, your attorney will identify and appoint experts witnesses. They are recognized as experts in their field and who can give testimony to support your claim or defense during trial. Once the discovery period is completed, your lawyer will establish the trial date or begin settlement discussions.
Trial
Only a small proportion of personal injuries cases go to trial. In the course of trial the judge or jury will look over the evidence and determine if the defendant is responsible for your injuries and losses and, if so, how much to pay you in damages.
As opposed to certain areas of law which have their rules in statutes personal injury law is largely developed through legal treatises and court decisions. Your New York City injury lawyer must prepare well for your case in order to establish its legal elements.
The legal aspects of personal injury claims comprise duty of care, breach, causation and damages. For example in a car accident case, it is crucial to establish the legal duty of care that the defendant might have has to you, like the duty to drive in a safe manner and how the defendant breached that obligation by failing to do the same.
You must also prove that you suffered damages due to your injuries. This could include reimbursement for medical treatments you've received, as well as compensation for the expected future cost of treatment. Additionally, you could be entitled to compensation for lost income resulting from your inability to work and for the fair market value of any property that was lost because of your accident. If your injuries have made it impossible for you to engage in daily activities that are important to you, you might be awarded "loss of enjoyment" damages.
Settlement
If you have an injury claim, the goal is to reach a settlement with the insurance company that insures the person or business that caused your injuries. This can save you time and money. It also lets you get your medical bills paid and make up for the loss of income. Most lawyers personal injury near me suggest that you settle your case prior to going to trial as it will be more difficult and expensive.
Your lawyer will review the case and speak with you to learn everything you can about the incident and injury. The lawyer will then request you for all of your medical records and any other pertinent information. Then they'll send an email to the insurance company asking for compensation. The insurance company will then evaluate your claim and then issue an offer to counter. It could take some time to reach an agreement.
It is vital that your attorney is able to accurately calculate the value of your injuries claims. This is not just current and future medical costs however, property damages as well as past and present earnings as well as pain and suffering and emotional distress. It is also important to consider the non-monetary costs, like loss of enjoyment of life which juries and adjusters appreciate.
If a settlement is made, it will usually be placed into an account called an escrow. The lawyer will distribute the money after paying off any companies who have a claim to the funds, personal Injury lawyer seattle referred to as liens.
