Injury Litigation

The legal process that allows you to seek compensation for your injuries and losses. Your injury attorney will build solid evidence for your case including eyewitness testimony, medical documents as well as statements of the defendant and injury attorney expert witness opinions.

Your lawyer will begin the process of filing your lawsuit. After the defendant has replied to the suit, it moves to a stage of fact-finding called discovery.

The Complaint

Before a lawsuit can be filed, the injured person (plaintiff) must conduct pre-lawsuit discovery. This includes reviewing accident reports, conducting informal discovery, and identifying any potentially liable parties and possible causes of action that could be brought against them.

The plaintiff is then able to file an order with a complaint. The complaint identifies the party who is being sued and describes the harm that was caused by the defendant's conduct or inaction. It usually includes a request for compensation for the victim's medical expenses as well as lost income, suffering and other damages related to their injuries.

The defendant has 30 days to respond, also known as an answer. In this response, the defendant has the option to admit or deny any allegations made in the complaint. They may also include a third party defendant or file an appeal.

During the discovery phase where both sides exchange pertinent information regarding their positions and evidence in the case. This usually involves depositions, written questions (called interrogatories) and requests for documents. This typically comprises the majority of the lawsuit timeline. If there are any settlement opportunities that are discussed, they will be discussed. If not, the case will progress to trial. In this instance, your attorney will present your perspective before a jury or judge and the defendant will take on their defense.

The Discovery Phase

Discovery is a formal process that permits you and your legal team to exchange information with the other party and collect evidence. This may include witness statements, specifics regarding your medical treatment, and evidence of the losses you have incurred. Your attorney can use several tools to assist you during discovery, such as interrogatories and requests for documents. Requests for documents are essentially requests to provide all relevant evidence that are within each party's control. Interrogatories require written responses. Requests for admission are letters to the other side asking for their admission to certain facts. This can save time and money since the attorneys don't have to prove the facts at trial. Depositions are live discussions with witnesses, during which your attorney can ask them questions regarding the incident while under oath. Their responses will be recorded and transcribed.

Discovery may appear to be an uncomfortable, long and invasive process, but it is necessary to gather the evidence you need to prove your injury claim. Your lawyer will be in a position to discuss the details of the discovery process with you during your complimentary consultation. If you try to hide an injury that has already been aggravated due to a medical condition that was already present This information could be discovered during discovery and your case could be thrown out.

The Negotiation Phase

Most cases of injury aim to settle the case through negotiations. This usually involves a back and forth between your lawyer and the responsible party's insurer. 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 determining the amount of settlements you would like to seek and assist in negotiations.

The amount of damage, which includes medical bills, lost wages and future loss, is a factor that is constantly changing. Your injuries could get worse over time. This could lead to a rise in future losses or decrease the value of your current losses. Your attorney will ensure that your damages are calculated based on your current injuries as well as the probability of the future recovery.

In many cases, insurance companies are trying to limit the amount they pay for claims by arguing against some aspects of your case. This can cause delays in settlement negotiations, but your lawyer has strategies to help you overcome these difficulties and achieve the most favorable outcome for your case. In some instances negotiations to reach an agreement can be a long process that can take months or even years. Negotiations can last for several months or even years, depending on a variety of factors.

The Trial Phase

Most cases involving injuries are settled outside of court through settlement negotiations. However, if a resolution is not reached, your lawyer may decide to proceed to trial. It is a costly lengthy, time-consuming and stressful procedure. It also requires the jury to decide if the defendant should be accountable for your injuries and what compensation you should be awarded. It is crucial for your lawyer to thoroughly research your case prior to the trial to fully understand how you were injured and the extent of your injuries, the damages and costs.

At this point, your lawyer will summon witnesses and experts to testify and provide evidence physical such as documents, photographs, and medical reports. This is referred to as the case-in­-chief phase. The defense attorney will summon witnesses to testify and argue why the plaintiff should not be awarded damages. The jury or judge evaluates the evidence and arguments of both parties.

The judge will then go over the legal standards that must be met for the jury to decide for the plaintiff and against the defendant. This is known as jury instruction. Following that, each side will present their closing arguments. If the jury is unable to agree on a decision, the judge will declare that the trial is an unconstitutional trial. If you are not happy with the result of your trial, there might be a right to appeal.