Injury Litigation

Injuries litigation is the legal procedure which allows you to claim compensation for your injuries and losses. Your injury attorney will build strong evidence in your case including eyewitness testimony in the form of defendant statements, expert witness opinions.

Your lawyer will then begin to file your lawsuit. If the defendant does not respond then the case goes to a fact-finding stage called discovery.

The Complaint

Before a lawsuit can be filed, an injured party (plaintiff) must conduct pre-lawsuit discovery. This entails reviewing police accident reports, injury attorney conducting informal discovery, and identifying any potentially liable parties and possible causes of action that can be asserted against them.

After the plaintiff has completed this, they are able to start a summons as well as a complaint. The complaint details the damage caused by the defendant's actions or his inaction. It typically contains a request for compensation for the victim's medical expenses, 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 accept or deny the allegations made in the complaint. They can also add third party defendants or file counterclaims.

During the discovery phase, both parties will exchange pertinent information about their positions and evidence. This process includes depositions (also known as interrogatories), written questions (also known as interrogatories) and requests for documents. This phase typically accounts for the majority of the lawsuit timeline. If there are settlement options that are available, they will be negotiated during this time. In the event that there is no settlement the case will go to trial. In this time your lawyer will explain your side of the tale before a judge or jury and the defendant will defend themselves.

The Discovery Phase

The discovery phase is a formal process that allows your legal team and the at-fault party to exchange information and collect evidence. It could include witness statements, information regarding your medical treatment, and proof of the losses that you have suffered. Your attorney will have access to a variety of tools to assist you during discovery, such as interrogatories or requests for documents. Interrogatories are questions that require a response written while requests for documents requires the submission of all relevant documents under the control of the parties. Requests for admissions require the other party to accept certain facts. This could reduce time and cost since the attorneys don't have to prove these undisputed facts at trial. Depositions are live conversations with witnesses. Your attorney can ask them questions about the incident under oath. Their responses will be recorded and transcribed.

Discovery can be an uncomfortable, long and tedious process, injury attorney but it is essential to gather the evidence required to win your injury attorneys claim. Your lawyer will be capable of discussing the details of the discovery process with you during your no-cost consultation. For example, if you try to hide a preexisting health issue that caused your injury to get worse it could be discovered in the process of discovery and dismissed from your case.

The Negotiation Phase

Most cases of injury aim to settle through negotiations. This usually involves a exchange of back and with your lawyer and that of the insurer of the party who is 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 determine the best number to demand your settlement and can then assist in negotiations.

The amount of damages, which includes medical bills, lost wages, and future losses, is a variable that changes. Your injuries may worsen over time, which could increase your losses in the future and decrease the value of your current losses. Your lawyer will ensure that your damages are determined by the current state of your injuries and a full prognosis for future recovery.

Insurance companies often attempt to limit the amount they pay by disputing certain elements of your claim. This could lead to a 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. Negotiating a settlement can take months or even years. There are many factors that affect how long settlement negotiations take, but knowing what to expect will make the process less stressful and more efficient for you.

The Trial Phase

While the majority of injuries cases are resolved through settlement talks outside of the courtroom, your attorney could choose to take your case to trial if a satisfactory resolution cannot be reached. It is a costly lengthy and time-consuming procedure that can be stressful. The jury will also have to decide if you are paid for your injuries and If so, what amount. It is therefore important for your lawyer to conduct thorough research on your case at this point to fully understand the way you were injured and the extent of your injuries, damages and expenses.

At this moment, your lawyer will summon witnesses and experts to testify and provide evidence in the form of documents, photographs, and medical reports. This is known as the "case-in-chief" phase. The defense attorney will summon witnesses to testify in rebuttal and argue for the reasons why the plaintiff shouldn't be awarded damages. The jury or judge will then take into consideration the evidence and arguments presented by both parties.

The judge will then discuss the legal standards to be met in order for the jury to rule for the plaintiff and against the defendant. This is referred to as jury instruction. Each side then makes its closing arguments. If the jury cannot reach an agreement on a verdict the judge will declare the trial a mistrial. If you're not satisfied with the outcome of your trial, there may be an appeal option.