Injury Litigation

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

Your lawyer will bring your lawsuit. After the defendant has reacted, the case moves into the stage of fact-finding, which is known as discovery.

The Complaint

Before a lawsuit can be filed, an injured person (plaintiff) must conduct pre-lawsuit discovery. This includes reviewing police accident reports as well as conducting informal discovery and identifying any potentially liable parties and available causes of action that could be argued against them.

Once the plaintiff has done this, they are able to file a summons and complaint. The complaint identifies the person who is being sued, and details the harm caused by the defendant's actions or inaction. The typical complaint will include a demand for compensation for the victim's medical expenses, lost income, suffering and other damages resulting from their injury.

The defendant will then have 30 days to file a response which is referred to as an answer in which they either admit or deny the allegations in the complaint. They may also file a counterclaim or add a third-party defendant the suit.

During the discovery phase, both sides will exchange relevant information about their positions and evidence in the case. This usually includes depositions, written questions (called interrogatories), and requests for documents. This is typically the majority of the lawsuit timeline. If there are settlement options, they will take place during this period. The case will then go to trial if there's no settlement. During this period the attorney will give your argument before a judge or a jury and the defendant will take on their defense.

The Discovery Phase

Discovery is a formal phase that allows you and your legal team to exchange information with the other party and gather evidence. This may include witness testimony and details about your medical treatment, as well as evidence of losses you've suffered. Your lawyer can also make use of various tools during discovery to assist your case, including interrogatories, documents requests and depositions. Interrogatories are written inquiries that require a written response while requests for documents requires the submission of all relevant documentation that is under the control of each party. Requests for admissions ask the other party to admit certain facts. This could save time and money as lawyers do not have to prove these undisputed facts at trial. Depositions are live recordings of witnesses, where the attorney can ask them questions about the incident under oath, and get their answers recorded and transcribed by a court reporter.

Although it may appear to be a long, intrusive and uncomfortable process but it is an essential step to gather the evidence required to win your injury case. During your free consultation the attorney will be able discuss the details of the discovery process. For example, if you try to hide a prior condition that your injury lawyer worsened and this information is discovered in the process of discovery and dismissed from your case.

The Negotiation Phase

Most cases of injury aim to settle through negotiations. The process typically involves an exchange of information back and forth between your lawyer and the insurer of the party who is responsible. This may include informal conversations/correspondence (by phone, in meetings, injury attorney by email) where the parties trade offers and counter-offers. Your lawyer can assist you choose the appropriate number to demand your settlement and then assist in negotiations.

One of the challenges of settlement of an injury claim is that the amount you are owed including medical expenses, lost income, and future losses - is an evolving aspect. Your injuries could worsen over time. This could result in a rise in future loss or reduce the value of current losses. Your lawyer will ensure that your damages are dependent on the current condition of your injuries and a full prognosis for future recovery.

Insurance companies usually attempt to limit their payout by arguing about certain aspects of your claim. This could result in delays in settlement negotiations. However your lawyer has strategies to assist you in overcoming these obstacles to get the best possible result for your case. Negotiating a settlement can take a long time or even years. Negotiations can take several months or even years, depending on a variety of factors.

The Trial Phase

Most injury cases are settled outside of court through settlement negotiations. If an agreement is not reached the lawyer could decide to take the case to trial. This is an expensive lengthy, time-consuming and stressful procedure. The jury will also have to decide if you are paid for your injuries and in the event that they do, how much. It is crucial for your lawyer to conduct thorough research on your case at this point to fully understand the way you were injured, the extent of your injuries, damages and costs.

At this point, injury attorney your lawyer will call witnesses and experts to testify and provide evidence in the form of documents, photographs and medical reports. This is the "case-in-chief" phase. The defense attorney will summon witnesses to testify on behalf of a argument against the plaintiff and argue that plaintiffs should not be awarded damages. The judge or jury decides on the evidence and arguments of both sides.

The judge will explain to jurors the legal standards that must be adhered to in order to decide whether to go in favor of plaintiff or against defendant. This is referred to as jury instruction. Following that, each side will present their closing arguments. If the jury cannot reach an agreement on a verdict the judge will declare that the trial a mistrial. If you are not happy with the results of your trial, there may be an appeal to be made.