injury law firm Litigation

Legally, it is a process by which you can claim compensation for your injuries and losses. Your lawyer will create solid evidence for your case, including eyewitness testimony, medical documentation as well as statements of the defendant and expert witness opinions.

Your lawyer will then begin to file your lawsuit. After the defendant has reacted to the lawsuit, the case will move into a stage of fact-finding called discovery.

The Complaint

Before the lawsuit can be filed, an injured party (plaintiff) must conduct pre-lawsuit discovery. This includes reading police accident reports, conducting informal discovery and identifying possible defendants.

Once the plaintiff has done this, they can submit a summons and a complaint. The complaint details the damage caused by the defendant's or his actions. It typically contains a request for compensation for medical expenses as well as lost income, suffering and pain, and other damages that result from their injuries.

The defendant has 30 days to respond, which is also referred to as an answer. In this response, the defendant may acknowledge or deny the allegations made in the complaint. They may also make an appeal or include a third-party defendant in the suit.

During the discovery phase in the discovery stage, both parties exchange pertinent information about their positions and evidence. This typically involves depositions written questions (called interrogatories), and requests for documents. This is usually the majority of the timeline for the lawsuit. If there are any settlement options they will be discussed. The case will then go to trial if there is no settlement. During this time your attorney will be able to provide your side of the story to a jury or judge and the defendant will take on their defense.

The Discovery Phase

The discovery phase is a formal procedure that allows your legal team and the party at fault to exchange information and collect evidence. This could include witness testimony as well as details of the treatment you received from your doctor, and evidence of losses you've suffered. Your attorney may use a variety tools to aid you in discovery, including interrogatories and requests for documents. Requests for documents are essentially requests to provide all relevant documents which is within each party's control. Interrogatories require written responses. Requests for admissions require the other party to accept certain facts. This could save time and money as lawyers do not have to prove the facts uncontested at trial. Depositions are live discussions with witnesses. During these interviews, your attorney can ask them questions regarding the incident while under the oath. Their answers will be recorded and transcribing.

Although it may seem like a lengthy, intrusive and uncomfortable process but it is an essential step to gather the evidence necessary to win your case. Your attorney will be in a position to discuss the details of the discovery process in your free consultation. For instance, if try to hide a prior condition that your injury worsened it could be discovered in the process of discovery and removed from your case.

The Negotiation Phase

The majority of cases involving injuries aim to reach a settlement through negotiation. This usually involves a exchange of back and to and back-and-forth between your lawyer as well as the insurer of the responsible party. 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 decide on the number you want to demand for your settlement and assist in negotiations.

One of the difficulties of the process of settling an injury case is that the amount you are owed - including your medical bills or lost income as well as future losses - is an evolving aspect. Your injuries could get worse over time. This could lead to a rise in future losses or decrease the value of current losses. Your lawyer will ensure that your damages are determined based on the severity of your injuries and the prognosis of the future recovery.

A lot of times insurance companies are trying to limit their payout for Injury attorneys claims by challenging certain elements of your case. This could lead to an inability to settle settlement negotiations. However your lawyer can provide strategies to help you overcome these obstacles and get the best possible result for your case. In certain cases the process of negotiating an agreement can take months or even years. Negotiations can last for months or even years depending on a variety of factors.

The Trial Phase

While the majority of cases involving injuries are resolved through settlement negotiations outside of the courtroom, your attorney could decide to bring your case to trial if a satisfactory resolution cannot be reached. This can be a costly and time-consuming process that can be stressful. It also requires the jury to decide whether the defendant is responsible for your injuries, and the amount you are entitled to. Your lawyer must thoroughly investigate your case to discover the circumstances of your injury attorneys, as well as the severity of damages, injuries and costs.

At this point, your attorney will summon witnesses and experts to testify. They will also present physical evidence such as documents, photos, and medical reports. This is the "case-in-chief" phase. The defense attorney will summon witnesses to testify for defense and argue that plaintiffs shouldn't be awarded damages. The jury or judge will then review the evidence and arguments offered by both parties.

The judge will explain to the jury the legal standards that must be met in order to make a decision in favor of plaintiffs or against defendants. This is known as jury instruction. Following that, each side will present their closing arguments. If the jury is unable to reach a consensus and the judge declares a mistrial. In some rare cases, an appeal may be available if you are not satisfied with the result of your trial.