Injury Litigation

The process of suing for injury lawyer is a legal process by which you can recover compensation for your injuries and losses. Your injury attorney will build strong evidence for your case by utilizing eyewitness testimony, medical records in the form of defendant statements, expert witness opinions.

Your lawyer will then start the lawsuit. Once the defendant has responded and the case is moved to a fact-finding stage called discovery.

The Complaint

Before a lawsuit is filed the person who suffered the injury (plaintiff), must conduct pre-lawsuit investigation. This includes reviewing police accident reports, making informal discovery and identifying possible defendants.

The plaintiff is then able to file an accusation and summons. The complaint identifies the party who is being sued and exposes the harm caused by the defendant's conduct or lack thereof. It typically includes a demand to recover damages for the victim's injuries including medical bills loss of wages as well as pain and suffering, among other damages.

The defendant then has 30 days to file a response, known as an answer in which they either admit or deny the allegations in the complaint. They may also make an appeal or include a third-party defendant in the suit.

During the discovery phase where both sides exchange pertinent information regarding their positions and the evidence they have in the case. This typically involves depositions written questions (called interrogatories), and requests for documents. This is usually the majority of the timeline for the lawsuit. If there are any settlement possibilities they will be discussed. Otherwise the case will proceed to trial. In this instance the attorney will present your side of the story to a judge or jury and the defendant will put on their defense.

The Discovery Phase

The discovery phase is a formal procedure that allows your legal team and the party at fault to exchange information and gather evidence. This can include witness testimony or details of the treatment you received from your doctor, and proof of losses you have suffered. Your attorney may also employ several tools during discovery to assist your case, such as interrogatories and requests for documents and depositions. Interrogatories are written questions that require a written answer, while request for documents involve requesting all relevant documentation under the control of the parties. Requests for admission are letters to the other side asking them to admit certain facts. This will save time and cost as the attorneys do not have to prove their case at trial. Depositions are live conversations with witnesses in which your attorney can inquire about the incident under oath. have their answers recorded and transcribing by a court reporter.

Discovery may seem like an uncomfortable, lengthy and tedious process, but it is essential to collect the evidence required to win your injury claim. During your consultation for free, your attorney can discuss the details of the discovery process. For instance, if you try to hide a prior injury attorney condition that has caused your injury to worsen it could be discovered in the process of discovery and removed from your case.

The Negotiation Phase

A settlement that is negotiated is the main goal of many injury cases. The process typically involves an exchange of information back and with your lawyer and the insurance company of the party responsible. This may include informal conversations/correspondence (by phone, injury attorney in meetings, by email) where the parties trade offers and counter-offers. Your lawyer can assist you decide on a number to demand your settlement, and then assist in negotiations.

One of the challenges of settlement of an injury claim is that the amount of your damages including medical expenses as well as lost income and future losses - is an evolving factor. Your injuries could get worse as time passes, which could increase the amount of 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, and provide an accurate prognosis for your future recovery.

In many cases insurance companies attempt to limit the amount they pay for claims by arguing against certain aspects of your case. This could delay settlement negotiations however, your lawyer can provide strategies to help you navigate these obstacles and get the most favorable outcome for your case. In some cases the process of negotiating an agreement could be a long process that can take months or even years. Negotiations can last for several months or even years, depending on a variety of factors.

The Trial Phase

While most injury lawyer cases are resolved by settlement negotiations outside of the courtroom, your attorney could choose to take your case to trial if an acceptable solution is not reached. This can be a costly, time-consuming and stressful process. The jury must also decide if you are compensated for your injuries and, should they, if so, in what amount. It is therefore crucial for your lawyer to thoroughly investigate your case in this phase to fully comprehend the extent of your injuries and the severity of your injuries, the damages and expenses.

Your attorney will now call witnesses and experts and present evidence, such as photographs documents, documents, and medical reports. This is the "case-in-chief" phase. The defense attorney will call witnesses to testify as a argument against the plaintiff and argue that plaintiffs shouldn't be awarded damages. The judge or jury then decides on the arguments and evidence of both sides.

The judge will explain to the jury the legal requirements that must be met in order for them to decide in favor of plaintiffs or against defendants. This is referred to as jury instruction. Each side then presents its closing arguments. If the jury cannot agree on a decision, the judge will declare the trial an unconstitutional trial. In some rare cases an appeal could be available in the event that you are not satisfied with the results of your trial.