injury lawsuits Litigation

Injury litigation is a legal process that allows you to claim compensation for your injuries and losses. Your injury attorney will build solid evidence in your case, including eyewitness testimony, medical documents testimony of the defendant, expert witness opinions.

Your lawyer will then begin to file your lawsuit. Once the defendant has responded to the suit, it moves to the phase of fact-finding known as discovery.

The Complaint

Before a lawsuit can be filed, an injured party (plaintiff) must conduct pre-lawsuit discovery. This includes studying police accident reports, conducting informal discovery and identifying potential at-fault parties.

The plaintiff may then file an order with a complaint. The complaint identifies the party that is being sued and exposes the harm caused by the defendant's conduct or inaction. It typically includes a demand to recover damages to compensate the victim for their injuries, including medical bills as well as lost wages or income, as well as pain and other damages.

The defendant is then given 30 days to file a response which is referred to as an answer or answer, in which they accept or deny the allegations in the complaint. They may also include third party defendants or file counterclaims.

During the discovery phase, both parties will exchange pertinent information about their positions and evidence. This typically involves depositions written questions (called interrogatories), and requests for documents. This is usually most of the time for a lawsuit. If there are settlement opportunities they will be made during this period. The case will then go to trial if there is no settlement. During this period your attorney will be able to explain your case to a jury or judge 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 collect evidence. This can include witness statements, details about your medical treatment as well as proof of the damages you have incurred. Your attorney can utilize a variety of tools to help you during discovery, such as interrogatories or requests for documents. Requests for documents are requests to supply all relevant documentation that are within each party's control. Interrogatories require written responses. Requests for admission ask the other side to admit certain facts. This could reduce time and cost since attorneys do not need to prove these undisputed facts in court. Depositions are live, in-person interviews with witnesses, during which your attorney can ask them questions about the incident under an oath. Their responses will be recorded and then transcribed.

Discovery may seem like an uncomfortable, long and tedious process, but it is necessary to gather the evidence you require to be successful in your claim for compensation. During your consultation for free, your attorney will be able discuss the specifics of the discovery process. If you try to hide an injury that is preexisting and has gotten worse 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

A settlement that is negotiated is the main goal of many injury cases. The process of achieving this goal usually 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 help you in deciding on the amount of settlements you would like to negotiate and help in negotiations.

One of the issues with the process of settling an injury case is that the amount you are owed - including your medical bills as well as lost income and future losses - can be a volatile factor. Your injuries may get worse over time. This could result in a rise in future loss or reduce the value of current losses. Your attorney will ensure that your damages are determined based upon your current injuries and the likelihood of the future recovery.

Insurance companies usually attempt to limit their payout by arguing against certain aspects of your claim. This can prolong settlement negotiations, but your lawyer has strategies to help you overcome these obstacles and get the best possible 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 take several months or even years, depending on many factors.

The Trial Phase

Most injury cases are resolved outside of court through settlement negotiations. However, if there is no resolution your lawyer might decide to bring the case to trial. This is a costly lengthy, time-consuming and stressful procedure. The jury must also decide if you are paid for your injuries and in the event that they do, how much. It is therefore important for your lawyer to thoroughly research your case in this phase to fully understand the nature of your injuries, the extent of your injuries, damages and expenses.

Your attorney will now summon witnesses and experts, and will present physical evidence, such as photographs or documents as well as medical reports. This is the "case-in-chief" phase. The defense attorney will call witnesses to testify and argue that the plaintiff should not be awarded damages. The judge or injured jury will then review the evidence and arguments put forward by 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 known as jury instruction. Each side then presents its closing arguments. If the jury is unable to reach a consensus then the judge declares a mistrial. In some rare instances appeals might be available if you are unhappy with the outcome of your trial.