Injury Litigation

Legally, it is the process that allows you to collect compensation for your losses and injuries. Your injury attorney will build solid evidence in your case that includes eyewitness testimony, medical documents testimony of the defendant, expert witness opinions.

Your lawyer will then file your lawsuit. After the defendant responds, the case enters an investigation stage, also known as discovery.

The Complaint

Before a lawsuit is filed the person who suffered the injury (plaintiff), must conduct an investigation prior to the filing of a lawsuit. This involves reading the police accident reports, conducting informal discovery, and identifying potential liable parties.

The plaintiff may then file an order with a complaint. The complaint details the damage caused by the defendant or his actions. It typically includes a request for compensation for medical bills loss of income, suffering and pain, as well as other damages resulting from their injury lawsuit.

The defendant has 30 days to respond, which is also referred to as an answer. In this response, the defendant is able to admit or deny any claims made in the complaint. They can also file an appeal or include a third-party defendant in the suit.

During the discovery stage, both parties will exchange pertinent information about their positions and the evidence. This phase includes depositions (also known as interrogatories) as well as written questions (also called interrogatories) as well as requests for documents. This typically comprises the most of the timeline for lawsuits. During this phase, if there are settlement opportunities, these will be discussed. The case will go to trial if there is no settlement. In this instance the attorney will present your perspective before a judge or a jury and the defendant will put on their defense.

The Discovery Phase

The discovery phase is a formal process that permits your legal team and the at-fault party to exchange information and injury attorney collect evidence. This can include witness statements, details regarding your medical treatment, and proof of the losses you have incurred. Your attorney can also use different tools in discovery to help your case, including interrogatories, requests for documents and depositions. Requests for documentation are requests to supply all relevant documentation that are within each party's control. Interrogatories require written responses. Requests for admission are letters to the other party, injury attorney asking for their admission to certain facts. This can save time and money since the attorneys do not have to prove the facts during trial. Depositions are live interviews of witnesses where your attorney is able to inquire about the incident under oath. get their answers recorded and translated by a court reporter.

Discovery can be an uncomfortable, long and intrusive process, but it's necessary to collect the evidence needed to win your injury claim. During your free consultation, your attorney will be able discuss the specifics of the discovery process. For example, if you try to hide a prior health issue that caused your injury to get worse, this information could be discovered in the process of discovery and removed from your case.

The Negotiation Phase

The majority of injury cases seek to reach a settlement through negotiation. The process typically involves a back and between your lawyer and the insurer of the responsible party. 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 the amount of settlements you wish to request and assist with negotiations.

One of the issues with settling an injury claim is that the amount you are owed - including your medical bills, lost income, and future losses - is an evolving factor. Your injuries could worsen over time. This could cause further losses or decrease the value of current losses. Your attorney will ensure that damages are determined based on your current injuries as well as the probability of future recovery.

Insurance companies usually attempt to limit the amount they pay by arguing against certain aspects of your claim. This could result in an inability to settle settlement negotiations. However, your lawyer will have strategies to help you overcome these hurdles and obtain the best possible result for your case. In some instances negotiations to reach an agreement can be a long process that can take months or even years. Many factors affect how long settlement negotiations take, but knowing what to expect can make the process less stressful and more effective for you.

The Trial Phase

While most injury cases are resolved by settlement negotiations outside of court, your attorney may choose to take your case to trial if an acceptable resolution is not attainable. This is an expensive lengthy and time-consuming procedure that can be stressful. It also requires the jury to decide if the defendant should be held liable for your injuries, and what amount of compensation you should receive. It is therefore crucial for your lawyer to thoroughly research your case at this point to fully comprehend the extent of your injuries and the extent of your injuries, damages and expenses.

Your attorney will now call witnesses and experts and present physical evidence, such as photographs, documents, and medical reports. This is known as the case-in chief phase. The defense attorney will then summon witnesses to testify in rebuttal and argue why the plaintiff should not be awarded damages. The judge or jury will then consider the evidence and arguments put forward by both parties.

The judge will then discuss the legal standards which must be followed for the jury to rule for the plaintiff and against the defendant. This is known as jury instruction. Afterwards, each side makes their closing arguments. If the jury fails to reach a consensus on a verdict and the judge decides to declare a mistrial. In rare instances appeals might be available if you're not satisfied with the outcome of your trial.