injury lawsuits Litigation

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

Your lawyer will then start the lawsuit. If the defendant does not respond, the case enters the discovery phase, which is a process of finding facts.

The Complaint

Before the lawsuit can be filed, an injured party (plaintiff) must conduct pre-lawsuit discovery. This includes reviewing accident reports and conducting informal discovery and identifying potentially liable parties and 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 describes the harm caused by the defendant's action or his actions. It usually includes a request for compensation for the victim's medical expenses as well as lost income, suffering and pain, and other damages arising from their injury.

The defendant has 30 days to respond, also known as an answer. In this response, the defendant may acknowledge 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 during the discovery phase, both sides will share pertinent information regarding their positions and the evidence they have in the case. This usually involves depositions, written questions (called interrogatories), and requests for documents. This usually takes up the majority of the timeline for the lawsuit. If settlement opportunities are available that are available, they will be negotiated during this period. Otherwise, the case will progress to trial. During this period your attorney will be able to present your perspective before a jury or judge and the defendant will take on their defense.

The Discovery Phase

Discovery is a formal stage that allows you and your legal team to exchange information with the other party and collect evidence. This may include witness statements, information regarding your medical treatment, and proof of the losses you've suffered. Your attorney may use a variety tools to aid you in discovery, such as interrogatories and requests for documents. Interrogatories are written inquiries that require a written answer while requests for documents requires the submission of all relevant documents that fall under the control of each party. Requests for admission are letters to the other party asking them to accept certain facts. This can cut down on time and money since the attorneys don't have to prove their case during trial. Depositions are live conversations with witnesses, where the attorney can interview them about the incident under oath. They will have their answers recorded and transcribed by a court reporter.

Discovery may appear to be an uncomfortable, lengthy and intrusive process, but it is essential to gather the evidence you need to be successful in your claim for compensation. During your free consultation with your attorney, you will be able to explain the specifics of the discovery process. For instance, if you attempt to conceal a preexisting condition that has caused your injury to worsen or aggravated, the information could be discovered in the process of discovery and dismissed from your case.

The Negotiation Phase

The majority of injury cases seek to settle a case through negotiations. This usually involves an exchange of back-and to and back-and-forth between your lawyer as well as that of the insurance company of the party responsible. 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 the amount of settlement that you want to request and assist in negotiations.

The amount of damages, such as medical bills, lost wages and future loss, is a factor that is always changing. Your injuries can get worse over time. This could result in a rise in future losses or decrease the value of your current losses. Your attorney will ensure that your damages are determined based on the severity of your injuries and the likelihood of future recovery.

Often insurance companies try to limit their payouts for claims by arguing against some aspects of your case. This could lead to delay in settlement negotiations. However your lawyer will have strategies that will help you overcome these obstacles and achieve the best possible outcome for your case. In some cases negotiations to reach an agreement could take months or even years. Numerous factors influence the length of time that settlement negotiations last, but understanding what to expect will make the process less stressful and more effective for you.

The Trial Phase

Most injury cases are resolved without court through settlement negotiations. However, if a resolution is not reached your lawyer could decide to take the case to trial. This is a stressful long, expensive and costly process. The jury will also have to decide if you should be compensated for your injuries and if so, how much. Your lawyer should investigate your case to understand the circumstances of your injury, the extent of the injuries, damages and costs.

Your attorney will now call witnesses as well as experts and present physical evidence, including photographs, documents, injury attorney and medical reports. This is the "case-in-chief" phase. The defense attorney will summon witnesses to testify in rebuttal, and argue that plaintiffs shouldn't be awarded damages. The judge or jury then decides on the evidence and arguments of both parties.

The judge will then discuss the legal standards that must be met in order for the jury to decide for the plaintiff and against the defendant. This is known as jury instruction. Each side then makes its closing arguments. If the jury is unable reach a consensus on a verdict and the judge decides to declare a mistrial. If you're not satisfied with the outcome of the trial, there could be a right to appeal.