Injury Litigation

Injuries litigation is the legal process that allows you to seek compensation for your losses and injuries. Your lawyer for injury will make use of strong evidence to support your case. This includes eyewitness testimonies, medical documentation as well as the statements of the defendant and expert witness opinions.

Your lawyer will begin the process of filing your lawsuit. After the defendant responds to the lawsuit, the case moves to the discovery phase, which is a process of finding facts.

The Complaint

Before the lawsuit is filed, an injured party (plaintiff) must conduct pre-lawsuit discovery. This involves reviewing police accident reports, conducting informal discovery, and identifying any potentially liable parties and causes of action that may be argued against them.

The plaintiff is then able to file a summons with a complaint. The complaint describes the harm caused by the defendant or his inaction. The typical complaint will include a demand to recover damages for injuries suffered by the victim, including medical bills and lost wages as well as pain and suffering, among other damages.

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

During the discovery phase the parties will exchange relevant information regarding their positions and the evidence. This typically involves depositions written questions (called interrogatories), and requests for documents. This process usually occupies most of the time for a lawsuit. During this phase, if there are settlement opportunities they will be discussed. Otherwise, the case will progress to trial. In this instance your attorney will be able to give your case to a judge or jury and the defendant will put on their defense.

The Discovery Phase

The discovery phase is a formal process that allows your legal team and the party at fault to exchange information and collect evidence. This could include witness testimony, injury Law Firms details of your medical treatment and proof of losses you have suffered. Your lawyer can also make use of different tools during discovery to assist your case, including interrogatories, requests for documentation and depositions. Requests for documents are essentially requests to provide all relevant evidence that is under each party's control. Interrogatories require written responses. Requests for admission are letters to the other party requesting them to admit certain facts. This could save time and money as the attorneys do not have to prove the facts during trial. Depositions are live conversations with witnesses. During these interviews, your attorney can ask them questions regarding the incident under an oath. Their answers will be recorded and then transcribed.

Although discovery can seem like a long process that is invasive, uncomfortable and tedious however, it is an essential step to gather the evidence you need to win your injury lawsuits claim. During your consultation for free with your attorney, you will be able to explain the specifics of the discovery process. If you try to hide an injury that is preexisting and has gotten worse due to a medical condition that was already present the information could be discovered during discovery and your case could be dismissed.

The Negotiation Phase

The majority of cases involving injuries aim to settle a case through negotiations. The process of reaching 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 you in determining the amount of settlements you wish to demand and then help with negotiations.

The amount of damage, which includes medical bills, lost wages and future losses, is a variable that is always changing. Your injuries may worsen over time, which may increase the amount of your future losses and reduce the amount of your current losses. Your attorney will ensure that damages are determined based on your current injuries as well as the probability of future recovery.

A lot of times, insurance companies are trying to limit the amount they pay for claims by arguing against certain aspects of your case. This could lead to an inability to settle settlement negotiations. However, your lawyer will have strategies to assist you in overcoming these hurdles and obtain the best possible outcome for your case. Negotiating a settlement can take months or even years. Negotiations can last for months or even years based on a variety of factors.

The Trial Phase

Most cases of injury law Firms are resolved outside of court through settlement negotiations. If the resolution isn't reached the lawyer could decide to proceed to trial. This is a costly lengthy, time-consuming and stressful procedure. The jury must also decide if you are paid for your injuries and If so, what amount. Your lawyer should thoroughly investigate your case in order to understand the circumstances surrounding your injury, the extent of the injuries, damages and the costs.

At this point, your attorney will call witnesses and experts to testify and present evidence of physical nature, such as documents, photographs and medical reports. This is the "case-in-chief" phase. The defense attorney will call witnesses to testify as a argument against the plaintiff and argue that plaintiffs shouldn't be awarded damages. The judge or jury decides on the evidence and arguments of both sides.

The judge will then outline the legal requirements which must be followed for the jury to rule for the plaintiff and against the defendant. This is known as jury instruction. Afterwards, each side makes their closing arguments. If the jury cannot reach a consensus, the judge will declare a mistrial. If you are not happy with the results of your trial, there might be an appeal option.