injury lawyer Litigation

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

Your lawyer will then start the lawsuit. Once the defendant has responded then the case goes to the discovery phase, which is a process of finding facts.

The Complaint

Before a lawsuit is filed the person who suffered the injury (plaintiff), must conduct an investigation prior to filing a lawsuit. This includes studying the police accident reports, conducting informal discovery and identifying possible responsible parties.

The plaintiff is then able to file a summons along with a complaint. The complaint details the damages caused by the defendant's or his actions. It typically contains a request for compensation for medical expenses, lost income, suffering and pain, as well as other damages related to their injury.

The defendant has 30 days to respond, which is also referred to as an answer. In this response, the defendant is able to admit or deny any allegations made in the complaint. They may also make an additional counterclaim or add a third-party defendant the suit.

During the discovery stage the parties will exchange pertinent information about their positions and evidence. This usually includes depositions, written questions (called interrogatories), and requests for documents. This is typically the majority of the timeframe for a lawsuit. If there are settlement possibilities these will occur during this time. Otherwise the case will go to trial. 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 procedure that permits you and your legal team to exchange information with the other party and collect evidence. This could include witness statements, specifics regarding your medical treatment, as well as proof of the damages you've incurred. Your attorney can also use different tools during discovery to aid your case, including interrogatories and requests for documents and depositions. Interrogatories are written inquiries that require a response written, while request for documents involves requesting all relevant documents under the control of the parties. Requests for admission are written demands to the other party requesting them to admit certain facts. This could save time and money since attorneys do not have to prove the facts in court. Depositions are live interviews of witnesses where your attorney is able to inquire about the incident under oath, and get their answers recorded and transcribed by a court reporter.

Discovery may seem like an uncomfortable, lengthy and tedious process, but it is essential to gather the evidence you need to be successful in your claim for compensation. Your lawyer will be willing to go over the specifics of the discovery process with you during your complimentary consultation. For example, if you try to hide a preexisting condition that your injury worsened and this information is discovered in the process of discovery and removed from your case.

The Negotiation Phase

Negotiating a settlement is the primary goal in most injuries. The process to achieve this goal typically involves an exchange of information between your lawyer and the 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 assist in deciding on the number of settlement you wish to request and assist in negotiations.

One of the biggest challenges in settlement of an injury claim is that the amount you are owed (including medical bills as well as lost income and future losses - can be a volatile aspect. The severity of your injuries could increase over time, which may increase your future losses, and reduce the value of your current losses. Your lawyer will ensure that your damages are in line with the current condition of your injuries, and provide an accurate prediction of your future recovery.

A lot of times, insurance companies are trying to limit the amount they pay for claims by arguing against some elements of your case. This could result in a delay in settlement negotiations. However your lawyer will have strategies to assist you in overcoming these obstacles and get the best possible outcome for your case. Negotiating an agreement may take months or even years. Negotiations can last for months or even years based on many different factors.

The Trial Phase

Although the majority of injury cases are resolved through settlement talks outside of the courtroom, your attorney could choose to take your case to trial if a satisfactory resolution is not reached. This is an expensive lengthy and time-consuming procedure that can be stressful. It also requires the jury to decide whether the defendant should be held liable for your injuries and what amount of compensation you should receive. Your lawyer must thoroughly research your case to understand the circumstances of your injuries, the severity of the injuries, damages and the costs.

At this point, your lawyer will call witnesses and injury attorney 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 call witnesses to testify in argument against the plaintiff and argue that the plaintiff should not receive damages. The jury or judge considers the evidence and arguments of both sides.

The judge will then outline the legal requirements which must be followed for the jury to find for the plaintiff and against the defendant. This is referred to as jury instruction. Then, each side presents their closing arguments. If the jury fails to reach a consensus and the judge declares a mistrial. In some rare instances appeals might be available if you are unhappy with the outcome of your trial.