Injury Litigation

Legally, it is the procedure which allows you to claim compensation for your losses and injuries. Your lawyer for injury will construct strong evidence in your case that includes eyewitness testimony, medical documentation as well as statements of the defendant and expert witness opinions.

Your lawyer will begin the process of filing your lawsuit. Once the defendant has responded to your lawsuit, the case goes into a stage of fact-finding called discovery.

The Complaint

Before the lawsuit can be filed, an injured person (plaintiff) must conduct pre-lawsuit discovery. This includes reviewing accident reports, conducting informal discovery, and identifying potentially liable parties and available legal remedies that can be asserted against them.

Once the plaintiff has done this, they are able to submit a summons and a complaint. The complaint is a formal declaration of the party who is being sued, and details the harm caused by the defendant's actions or inaction. It usually includes a request for compensation for the victim's medical expenses loss of income, suffering and pain, and other damages related to their injury.

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

During the discovery phase the parties will exchange relevant information regarding their positions and the evidence. This usually involves depositions, Injury law firm written questions (called interrogatories) and requests for documents. This process usually occupies most of the time for a lawsuit. If there are any settlement possibilities they will be discussed. Otherwise, the case will progress to trial. In this instance, your attorney will present your argument to a judge or jury and the defendant will take on their defense.

The Discovery Phase

Discovery is a formal procedure that permits you and your legal team to exchange information with the other party and gather evidence. This may include witness statements, specifics regarding your medical treatment, and proof of the losses you've suffered. Your attorney can use several tools to aid you in discovery, such as interrogatories or Injury law firm requests for documents. Interrogatories are written queries which require a response in writing as well as requests for documents involve requesting all relevant documentation that is under the control of the parties. Requests for admissions ask the other party to accept certain facts, which can reduce time and cost since the attorneys do not have to prove these uncontested facts in court. Depositions are live interviews of witnesses where your attorney is able to ask them questions about the incident under oath. They will have their answers recorded and transcribing by a court reporter.

Discovery may appear to be an uncomfortable, lengthy and tedious process, but it is essential to collect the evidence required to win your injury law firms claim. During your consultation for free, your attorney will be able to explain the details of the discovery process. If you attempt to conceal an injury that was already present and aggravated due to a preexisting medical condition, this information may be found out during discovery and your case could be dismissed.

The Negotiation Phase

Most injury cases aim to settle through negotiations. This process usually involves an exchange of information back and to and back-and-forth between your lawyer as well as that of the responsible party's insurer. This may include informal conversations/correspondence (by phone, in meetings, by email) where the parties trade offers and counter-offers. Your lawyer can assist you in deciding on the number of settlements you wish to demand and then help with negotiations.

The amount of damages, such as medical bills, lost wages, and future losses, is an aspect that is dynamic. Your injuries could get worse over time. This could result in a rise in future losses or reduce the value of your current losses. Your attorney will work to ensure that your damages are determined by the current state of your injuries, and provide an accurate prognosis for your future recovery.

Insurance companies often attempt to limit the amount they pay by arguing against certain aspects of your claim. This can prolong settlement negotiations but your lawyer will have strategies to help you navigate these difficulties and achieve the best possible outcome for your case. In some cases, the process of negotiating an agreement can take months or even years. Negotiations can last for months or even a whole year based on many factors.

The Trial Phase

While most injury Law firm cases are resolved through settlement negotiations outside of the courtroom, your attorney could decide to bring your case to trial if an acceptable resolution is not reached. This can be a costly and time-consuming process that can be stressful. The jury must also decide if you are paid for your injuries and if so, how much. Your lawyer must thoroughly investigate your case to determine the circumstances surrounding your injuries, the amount of damages, injuries, and the costs.

Your attorney will now summon witnesses and experts, and will present physical evidence, like photographs or documents as well as medical reports. This is known as the case-in chief phase. The defense attorney will then call witnesses to testify and argue for the reasons why the plaintiff shouldn't be awarded damages. The judge or jury then evaluates the arguments and evidence of both sides.

The judge will explain to the jury the legal requirements that must be adhered to in order to decide in the favor of plaintiffs or against defendants. This is referred to as jury instruction. Afterwards, each side makes their closing arguments. If the jury cannot agree on a final verdict, the judge will declare that the trial is a mistrial. In some cases appeals may be available if not satisfied with the outcome of your trial.