Injury Litigation

The process of suing for injury is a legal process that allows you to claim compensation for your injuries and losses. Your injury attorney will build strong evidence in your case including eyewitness testimony, medical records in the form of defendant statements, expert witness opinions.

Your lawyer will then start the lawsuit. After the defendant has replied, the case moves into a stage of fact-finding called discovery.

The Complaint

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

The plaintiff can then file a summons with a complaint. The complaint details the damage caused by the defendant's or his inaction. It usually includes a request to recover damages for the victim's injuries, including medical bills and lost wages as well as pain and suffering, among other damages.

The defendant is then given 30 days to file a reply, known as an answer or answer, in which they accept or deny the allegations made in the complaint. They can also file an appeal or add a third party defendant to the suit.

During the discovery phase where both sides exchange pertinent information regarding their positions and injury attorney the evidence they have in the case. This phase includes depositions (also called interrogatories) and written questions (also called interrogatories) as well as requests for documents. This typically comprises the majority of the timeframe for a lawsuit. If there are settlement possibilities that are available, they will be negotiated during this time. Otherwise, the case will progress to trial. In this time your lawyer will present your side before a judge or jury and the defendant will defend themselves.

The Discovery Phase

Discovery is a formal stage that allows you and your legal team to share information with the other party and collect evidence. This could include witness statements, specifics about your medical treatment and proof of the expenses you have incurred. Your attorney will have access to a variety of tools to assist you during discovery, including interrogatories and requests for documents. Interrogatories are questions that require a written response and requests for documents involve requesting all relevant documents under the control of the parties. Requests for admission are letters to the other side asking them to accept certain facts. This will save time and cost as the attorneys do not need to prove their claims in court. Depositions are live conversations with witnesses. Your attorney can ask them questions regarding the incident while under an oath. Their answers will be recorded and then transcribed.

Discovery can be an uncomfortable, lengthy and invasive process, but it is essential to collect the evidence needed to prove your injury claim. During your consultation for free your attorney can discuss the details of the discovery process. If you attempt to conceal a preexisting injury attorneys that worsened due to a preexisting medical condition, this information may be discovered during discovery and your case could be dismissed.

The Negotiation Phase

A settlement that is negotiated is the main goal of many lawsuits involving injuries. The process to achieve this goal typically involves a back-and-forth exchange between your lawyer and the responsible party's insurance company. 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 number of settlement you wish to negotiate and help with negotiations.

The amount of damages, which includes medical bills, lost wages and future losses, is an aspect that is always changing. Your injuries may worsen over time, which may increase the amount of your future losses and reduce the amount of your current losses. Your lawyer will ensure that your damages are determined based on the severity of your injuries as well as the probability of future recovery.

Insurance companies typically try to limit their payout by arguing against certain aspects of your claim. This can delay settlement negotiations however, your lawyer can provide strategies to help you overcome these challenges and reach the most favorable outcome for your case. In some cases negotiations to reach an agreement can take months or even years. Many factors affect the length of time that settlement negotiations be, but knowing what to expect will make the process easier and more efficient for you.

The Trial Phase

While most injury cases are resolved through settlement negotiations, which are not in the courtroom, your attorney might decide to bring your case to trial if an acceptable resolution cannot be reached. This is a stressful, expensive and time-consuming process. It also requires the jury to decide whether the defendant should be held liable for injury attorney your injuries, and what amount of compensation you should be awarded. It is therefore crucial for your lawyer to thoroughly investigate your case at this point to fully comprehend how you were injured, the extent of your injuries, damages and costs.

Your lawyer will now call witnesses and experts, and will present physical evidence, such as photographs documents, documents, and medical reports. This is the "case-in-chief" phase. The defense attorney will summon witnesses to testify in rebuttal and argue that the plaintiff should not receive damages. The jury or judge will then review the evidence and arguments made by both parties.

The judge will explain to the jury the legal standards that must be followed in order for them to decide in the favor of the plaintiff or against the defendant. This is known as jury instruction. Each side then presents its closing arguments. If the jury is unable to agree on a decision, the judge will declare that the trial an unconstitutional trial. If you're not satisfied with the result of your trial, there might be an appeal available.