Injury Litigation

Legally, it is a process by which you can seek compensation for your losses and losses. Your injury attorney will build solid evidence in your case, including eyewitness testimony, medical records, defendant statements and expert witness opinions.

Your lawyer will start the lawsuit. If the defendant does not respond, the case enters a fact-finding stage called discovery.

The Complaint

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

The plaintiff then has the option of filing a summons along with a complaint. The complaint identifies the party who is being sued. It also describes the harm that was caused by the defendant's actions or inaction. It typically includes a demand to recover damages for the victim's injuries, including medical bills, lost wages, pain and suffering and other damages.

The defendant then has 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 add a third party defendant or file a counterclaim.

During the discovery phase during the discovery phase, both sides will share relevant information about their positions and evidence in the case. This includes depositions (also known as interrogatories) and written questions (also known as interrogatories) as well as requests for documents. This typically comprises the most of the timeline for lawsuits. In this phase, if there are any settlement options they will be discussed. The case will proceed to trial if there's no settlement. During this period the attorney will present your story before a judge or jury 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 gather evidence. This can include witness testimony or details of your medical treatment and evidence of the losses you've suffered. Your attorney can utilize a variety of tools to help you during discovery, such as interrogatories or requests for documents. Requests for documents are the requests to provide all relevant documents that is within the respective parties' control. Interrogatories require written responses. Requests for admission require the other party to admit certain facts. This can save time and money as the attorneys do not have to prove these facts during trial. Depositions are live discussions with witnesses, where your attorney can ask them questions regarding the incident while under oath. Their answers will be recorded and then transcribed.

While it might seem like a long, intrusive and uncomfortable process but it's a crucial step to gather the evidence you need to win your injury case. During your consultation for free with your attorney, you will be able to explain the specifics of the discovery process. If you try to hide an injury that has already been aggravated due to a preexisting medical condition, this information may be discovered during the process of discovery and your case could be dismissed.

The Negotiation Phase

The negotiation of a settlement is the goal of most injury cases. This process usually involves an exchange of back-and with your lawyer and that of 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 assist in deciding on the amount of settlement you wish to demand and then help in negotiations.

One of the biggest challenges in the process of settling a claim for injury attorneys is that the amount you are owed - including your medical bills, lost income, injury attorney and future losses - is a constantly changing factor. Your injuries could get worse over time. This could lead to a rise in future losses or decrease the value of your current losses. Your lawyer will ensure that your damages are determined based upon your current injuries as well as the probability of future recovery.

Often insurance companies attempt to limit the amount they pay for claims by arguing against specific aspects of your case. This can lead to delay in settlement negotiations. However, your lawyer can provide strategies to assist you in overcoming these obstacles and get the best outcome for your case. In certain cases the process of negotiating an agreement can be a long process that can take months or even years. There are many factors that affect the length of time settlement negotiations last, but knowing the length to expect can make the process less stressful and more efficient for you.

The Trial Phase

Most cases of injury are resolved without court through settlement negotiations. However, if an agreement is not reached the lawyer could decide to go to trial. This is an expensive lengthy and time-consuming procedure that can be stressful. The jury must also decide if you should be compensated for your injuries and, If so, what amount. Your lawyer should thoroughly investigate your case to determine the circumstances of your injuries, the severity of injuries, damages, and costs.

Your attorney will then call witnesses as well as experts and present physical evidence, including photographs documents, medical reports. This is the "case-in-chief" phase. The defense attorney will call witnesses to testify in defense, and argue that plaintiffs should not be awarded damages. The jury or judge decides on the evidence and arguments of both sides.

The judge will explain to the jury the legal standards that must be met in order for them to decide in the favor of plaintiff or against defendant. This is called jury instruction. Each side then presents its closing arguments. If the jury is not able to agree on a verdict, the judge will declare that the trial is a mistrial. If you're not satisfied with the result of your trial, there could be a right to appeal.