Injury Litigation

Injury litigation is the legal process that allows you to seek compensation for your injuries and losses. Your injury attorney will build strong evidence in your case, including eyewitness testimony, defendant statements and expert witness opinions.

Your lawyer will begin the process of filing your lawsuit. Once the defendant has responded to the lawsuit, the case moves to a fact-finding stage called discovery.

The Complaint

Before a 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 any potentially liable parties and causes of action that can 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 inaction. It usually includes a request for damages to compensate the victim for their injuries, including medical bills, lost wages along with pain and suffering and other damages.

The defendant will then have 30 days to file a response, known as an answer, in which they admit or deny the allegations contained in the complaint. They may also make a counterclaim or add a third party defendant to the suit.

During the discovery phase during the discovery phase, both parties will share pertinent information about their positions and evidence. This phase includes depositions (also called interrogatories) as well as written questions (also called interrogatories) and requests for documents. This usually takes up the majority of the timeline for an action. If there are settlement opportunities these will occur during this period. The case will then go to trial if there is no settlement. During this period the attorney will explain your case before a judge or a jury and the defendant will put on their defense.

The Discovery Phase

Discovery is a formal phase that permits you and your legal team to share information with the other party and gather evidence. This could include witness testimony and details about your medical treatment, as well as evidence of the losses you've suffered. Your attorney can use several tools to assist you during discovery, such as interrogatories and requests for documents. Interrogatories are written queries that require a written answer as well as requests for documents requires the submission of all relevant documentation under the control of each party. Requests for admission require the other party to accept certain facts. This could save time and money as lawyers do not have to prove the facts uncontested during trial. Depositions are live, in-person 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 transcribing.

Discovery can be an uncomfortable, long and tedious process, but it is essential to collect the evidence you require to be successful in your claim for compensation. During your consultation for free, your attorney can discuss the specifics of the discovery process. For instance, if you attempt to conceal a preexisting health issue that caused your injury attorneys to get worse, this information could be discovered during the discovery process and then thrown out of your case.

The Negotiation Phase

Negotiating a settlement is the primary goal in most lawsuits involving injuries. The process typically involves a exchange of back and between 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 assist you in determining the amount of settlement you wish to negotiate and help in negotiations.

One of the issues with the process of settling a claim for injury is that the amount you are owed (including medical bills loss of income, future losses - is an evolving aspect. Your injuries may worsen over time, which may increase your losses in the future and decrease the value of your current losses. Your attorney will work to 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 try to limit the amount they pay for claims by arguing against specific elements of your case. This can lead to delays in settlement negotiations. However, your lawyer has strategies to assist you in overcoming these obstacles and get the best possible result for your case. Negotiating an agreement can sometimes take a long time or even years. Negotiations can last for months or even a whole year based on many different factors.

The Trial Phase

While the majority of injuries cases are resolved through settlement negotiations outside of the courtroom, your attorney could decide to bring your case to trial if a fair resolution is not attainable. It is a costly lengthy and time-consuming procedure that can be stressful. The jury also has to decide if the defendant should be responsible for injury attorney your injuries, injury attorney and what amount of compensation you are entitled to. It is crucial for your lawyer to conduct a thorough investigation of your case prior to the trial to fully comprehend the way you were injured, the extent of your injuries, the damages and costs.

At this stage, your attorney will call witnesses and experts to testify, and provide evidence physical such as documents, photographs, and medical reports. This is referred to as the case-in­-chief phase. The defense attorney will call witnesses to testify for rebuttal and argue that the plaintiff should not receive damages. The jury or judge will then review the evidence and arguments made by both sides.

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