Injury Litigation

Legally, it is the process which allows you to claim compensation for your losses and injuries. Your lawyer for injury will make use of strong evidence to prove your case, which includes eyewitness testimony from witnesses, medical records in the form of statements from the defendant, as well as expert witness opinions.

Your lawyer will then begin to file your lawsuit. When the defendant has responded to the lawsuit, the case moves to an investigation stage, also known as discovery.

The Complaint

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

The plaintiff may then file an order with a complaint. The complaint is a formal declaration of the party that is being sued and describes the harm caused by the defendant's actions or lack thereof. The typical complaint will include a demand for compensation for the victim's medical expenses as well as lost income, pain and suffering, and other damages resulting from their injury.

The defendant has 30 days to respond, also known as an answer. In this response, the defendant may acknowledge or deny the allegations made in the complaint. They may also add an additional defendant from a third party or file counterclaims.

During the discovery phase during the discovery phase, both parties will share relevant information regarding their positions and the evidence. This usually includes depositions, written questions (called interrogatories), and requests for documents. This phase usually takes up the majority of the timeframe for a lawsuit. If settlement opportunities are available these will occur during this period. If not, the case will progress to trial. In this time the attorney will present your side before a judge or jury and the defendant will defend themselves.

The Discovery Phase

The discovery phase is a formal procedure that allows your legal team and the at-fault party to exchange information and collect evidence. This may include witness statements, details about your medical treatment and proof of the losses you have incurred. Your attorney will have access to a variety of tools to aid you in discovery, including interrogatories as well as requests for documents. Interrogatories are written inquiries that require a written response, while request for documents requires the submission of all relevant documentation under the control of each party. Requests for admission are written letters to the other side asking for them to acknowledge certain facts. This can save time and cost as the attorneys don't need to prove the facts in court. Depositions are live interviews with witnesses, where your attorney can ask them questions regarding the incident while under the oath. Their answers will be recorded and transcribing.

Discovery may seem like an uncomfortable, long and intrusive process, but it is essential to gather the evidence required to win your injury lawsuits claim. Your attorney will be capable of discussing the details of the discovery process in your free consultation. For example, if you attempt to conceal a preexisting condition that has caused your injury to worsen or aggravated, the information could be discovered during the discovery process and then thrown out of your case.

The Negotiation Phase

Reaching a negotiated settlement is the main goal of many injuries. The process to achieve this goal usually involves an exchange of information between your lawyer and the insurance company. This may include informal conversations/correspondence (by phone, in meetings, Injured by email) where the parties trade offers and counter-offers. Your lawyer can help you in determining the amount of settlements you wish to negotiate and help with negotiations.

One of the difficulties of settling an injury claim is that the amount you are owed (including medical bills loss of income, future losses - is a constantly changing factor. Your injuries could get worse over time. This could increase future loss or reduce the value of current losses. Your lawyer will ensure that your damages are dependent on the current condition of your injuries, and provide an accurate prediction of your future recovery.

In many cases, insurance companies are trying to limit the amount they pay for claims by arguing against specific elements of your case. This can delay settlement negotiations but your lawyer will have strategies to help you get through these challenges and reach the most favorable outcome for your case. Negotiating an agreement may take months or even years. There are many factors that affect the length of time settlement negotiations last, but understanding what to expect can make the process easier and more efficient for you.

The Trial Phase

While the majority of cases involving injuries are resolved through settlement negotiations, which are not in the courtroom, your attorney might choose to take your case to trial if a satisfactory resolution is not reached. This can be a difficult costly and time-consuming process. The jury must also decide if you should be paid for your injuries and in the event that they do, how much. It is therefore crucial for your lawyer to conduct a thorough investigation of your case in this phase to fully understand how you were injured and the extent of your injuries, the damages and costs.

At this point, your attorney will summon witnesses and experts to testify and provide evidence physical such as documents, photos, and medical reports. This is known as the case-in chief phase. The defense attorney will then call witnesses to testify in rebuttal and argue that the plaintiff should not be awarded damages. The judge or jury will then take into consideration the evidence and arguments made by both parties.

The judge will then outline the legal requirements 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. After that, both sides present their closing arguments. If the jury is not able to agree on a verdict the judge will declare that the trial an unconstitutional trial. In some cases, an appeal may be available if you are not satisfied with the results of your trial.