Injury Litigation

The process of suing for injury is a legal procedure through which you can claim compensation for your injuries and losses. Your injury lawyer will use strong evidence to prove your case, such as eyewitness testimony, medical documents in the form of statements from the defendant, as well as expert witness opinions.

Your lawyer will start the lawsuit. After the defendant has reacted, the case moves into the phase of fact-finding known as discovery.

The Complaint

Before filing a lawsuit the person who suffered the injury (plaintiff), must conduct an investigation prior to filing a lawsuit. This includes reviewing police accident reports, conducting informal discovery, and identifying parties that could be liable and the possible causes of action that may be filed against them.

Once the plaintiff has done this, they are able to file a summons and complaint. The complaint is a formal declaration of the party who is being sued. It also describes the harm that was caused by the defendant's actions or lack thereof. It typically contains a request for compensation for the victim's medical expenses, lost income, suffering and pain, as well as other damages arising from their injuries.

The defendant will then have 30 days to file a reply, known as an answer in which they acknowledge or deny the allegations contained in the complaint. They may also add a third party defendant or make a counterclaim.

During the discovery stage during the discovery phase, both parties will share relevant information regarding their positions and evidence. This usually includes depositions, written questions (called interrogatories) and requests for documents. This usually accounts for the majority of the timeframe for a lawsuit. In this phase, if there are any settlement possibilities they will be discussed. The case will proceed to trial if there is no settlement. In this instance your lawyer will explain your case to a jury or judge and the defendant will put 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 gather evidence. This can include witness testimony, details of your medical treatment and evidence of losses you've suffered. Your lawyer may also employ several tools in discovery to help your case, such as interrogatories, requests for documents and depositions. Requests for documents are essentially requests to supply all relevant documentation that are within each party's control. Interrogatories require written responses. Requests for admission require the other party to acknowledge certain facts, which can save time and money since the attorneys do not have to prove these facts in court. Depositions are live conversations with witnesses where your attorney can ask them questions about the incident under oath and get their answers recorded, and then transcribed by a court reporter.

Discovery may appear to be an uncomfortable, lengthy and invasive process, but it is essential to collect the evidence required to win your injury claim. During your free consultation with your attorney, you will be able to explain the specifics of the discovery process. For instance, if attempt to conceal a preexisting condition that your injury worsened and this information is discovered in the process of discovery and thrown out of your case.

The Negotiation Phase

The majority of injury Lawyers cases seek to reach a settlement through negotiation. This process usually involves an exchange of information back and to and back-and-forth between your lawyer as well as that of 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 help you in determining the amount of settlement you wish to seek and assist with negotiations.

One of the challenges of the process of settling an injury attorneys case is that the amount you are owed including medical expenses loss of income, future losses - is a dynamic aspect. Your injuries could get worse over time. This could increase future losses or diminish the value of your current losses. Your attorney will ensure that your damages are determined based upon your current injuries and the likelihood of future recovery.

Insurance companies frequently attempt to limit their payout by disputing certain elements of your claim. This can result in delays in settlement negotiations. However your lawyer has strategies to help you overcome these obstacles to get the best possible result for your case. Negotiating a settlement can take months or years. Negotiations can take months or even years depending on a variety of factors.

The Trial Phase

Most cases involving injuries are resolved outside of court through settlement negotiations. However, if the resolution isn't reached your lawyer could decide to bring the case to trial. This can be a stressful, expensive and time-consuming procedure. The jury will also have to decide if you are paid for your injuries and should they, if so, in what amount. Your lawyer should investigate your case to determine the circumstances surrounding your injuries, the severity of injuries, damages, and the costs.

Your attorney will now call witnesses and experts, and will present physical evidence, like photographs documents, documents, and injury lawyers medical reports. This is referred to as the case-in­-chief phase. The defense attorney will then call witnesses to testify and argue that the plaintiff should not be awarded damages. The judge or jury then evaluates the evidence and arguments of both parties.

The judge will then discuss the legal requirements that must be met for the jury to rule in favor of the plaintiff and against the defendant. This is known as jury instruction. After that, both sides present their closing arguments. If the jury cannot agree on a final verdict, the judge will declare that the trial an unconstitutional trial. If you are not happy with the outcome of the trial, there could be an appeal available.