Injury Litigation

The legal procedure which allows you to claim compensation for your losses and injuries. Your injury attorney will build strong evidence in your case that includes eyewitness testimony, medical documents as well as statements of the defendant and expert witness opinions.

Your lawyer will begin the process of filing your lawsuit. If the defendant does not respond to the lawsuit, the case moves to an inquiry stage known as discovery.

The Complaint

Before filing a lawsuit the person who has been injured (plaintiff) must conduct a an investigation prior to filing a lawsuit. This involves reviewing police accident reports, making informal discovery, and identifying potential defendants.

The plaintiff may then file a summons along with a complaint. The complaint identifies the person who is being sued and details the harm caused by the defendant's actions or inaction. It typically contains a request for compensation for the victim's injuries including medical bills as well as lost wages as well as pain and suffering, among other damages.

The defendant has 30 days to respond, referred to as an answer. In this response, the defendant can acknowledge or deny the allegations made in the complaint. They may also file an appeal or include a third-party defendant in the suit.

During the discovery phase where both sides exchange relevant information about their positions and the evidence they have in the case. This usually involves depositions, written questions (called interrogatories) and requests for documents. This usually takes up the majority of the timeline for the lawsuit. If there are any settlement possibilities the possibility of settlement will be discussed. The case will then go to trial if there is no settlement. During this period your lawyer will present your side of the tale to a jury or judge and the defendant will defend themselves.

The Discovery Phase

The discovery phase is a formal procedure that permits your legal team and the at-fault party to exchange information and collect evidence. This can include witness testimony or details of the treatment you received from your doctor, and proof of losses you have suffered. Your lawyer can also make use of different tools during discovery to assist your case, such as interrogatories, Injury attorney requests for documentation and depositions. Requests for documents are essentially requests to provide all relevant documentation that is within the respective parties' control. Interrogatories require written responses. Requests for admissions require the other side to admit certain facts. This can reduce time and cost since lawyers do not have to prove these uncontested facts during trial. Depositions are recorded interviews with witnesses where your attorney can question them about the incident under oath and get their answers recorded and transcribed by a court reporter.

Although discovery can seem like a long, intrusive and uncomfortable process, it is a necessary step to gather the evidence needed to win your injury lawsuit case. During your consultation for free your attorney will be able to explain the details of the discovery process. If you try to hide a preexisting injury that worsened due to a medical condition that was already present the information could be found out during discovery and your case could be dismissed.

The Negotiation Phase

Most injury lawsuit cases aim to settle a case through negotiation. The process typically involves an exchange of back-and forth between your lawyer and the insurance company of the party 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 you choose the appropriate number to demand your settlement and can then assist in negotiations.

The amount of damages, which includes medical bills, lost wages and future loss, is a factor that is constantly changing. Your injuries can get worse over time, which may increase your future losses and decrease the value of your current losses. Your lawyer will ensure that your damages are determined based upon your current injuries and the prognosis of future recovery.

A lot of times insurance companies are trying to limit their payout for claims by challenging certain elements of your case. This could delay settlement negotiations but your lawyer will have strategies to help you get through these issues and get the most favorable outcome for your case. In some cases the process of negotiating an agreement could be lengthy, sometimes even for years. Negotiations can last for several months or even years, depending on many different factors.

The Trial Phase

While the majority of injuries cases are resolved through settlement talks outside of court, your attorney may choose to take your case to trial if a fair solution is not reached. This is an expensive lengthy, time-consuming and stressful procedure. The jury must also decide if you are paid for your injuries and should they, if so, in what amount. It is crucial for your lawyer to conduct thorough research on your case at this stage to fully comprehend the extent of your injuries and the severity of your injuries, damages and costs.

At this moment, your lawyer will summon witnesses and experts to testify, and provide evidence in the form of photographs, documents and medical reports. This is the "case-in-chief" phase. The defense attorney will summon witnesses to testify and argue for the reasons why the plaintiff should not be awarded damages. The judge or jury then decides on the arguments and evidence of both parties.

The judge will then explain the legal standards 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 cannot reach an agreement on a decision, the judge will declare that the trial an unconstitutional trial. If you are not happy with the outcome of your trial, there may be an appeal to be made.