Injury Litigation

Injuries litigation is the legal process that allows you to recover compensation for your injuries and losses. Your injury attorney will build solid evidence in your case, including eyewitness testimony, medical records, defendant statements and expert witness opinions.

Your lawyer will then start the lawsuit. When the defendant has responded to the lawsuit, the case moves to an investigation stage, also known as discovery.

The Complaint

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

The plaintiff is then able to file a summons along with a complaint. The complaint identifies the party who is being sued, and exposes the harm caused by the defendant's actions or lack thereof. It typically includes a demand to recover damages to compensate the victim for their injuries, including medical bills and lost wages along with pain and suffering and other damages.

The defendant then has 30 days to file a reply called an answer, in which they admit or deny the allegations in the complaint. They may also add a third party defendant or make an appeal.

During the discovery phase the parties will exchange pertinent information about their positions and evidence. This includes depositions (also called interrogatories), written questions (also known as interrogatories) and requests for documents. This is typically the most of the timeline for lawsuits. If there are settlement possibilities, they will take place during this time. In the event that there is no settlement the case will go to trial. In this instance the attorney will present your side of the story before a jury or judge and the defendant will take on their defense.

The Discovery Phase

Discovery is a formal phase that allows you and your legal team to exchange information with the other party and collect evidence. This can include witness testimony and details about your medical treatment, as well as evidence of losses you've suffered. Your attorney may also employ several different tools during discovery to aid your case, such as interrogatories, documents requests and depositions. Requests for documentation are requests to provide all relevant documents that is within the respective parties' control. Interrogatories require written responses. Requests for admissions ask the other party to admit certain facts, which can save time and money since the attorneys don't have to prove these undisputed facts during trial. Depositions are live conversations with witnesses. Your attorney can ask them questions regarding the incident under an oath. Their answers will be recorded and transcribing.

Although discovery can appear to be a long unpleasant, time-consuming and uncomfortable process, it is a necessary step to gather the evidence required for winning your injury case. During your consultation for free, your attorney can discuss the details of the discovery process. If you attempt to conceal an injury that has already been aggravated due to a medical condition that was already present the information could be discovered during the process of discovery and your case could be dismissed.

The Negotiation Phase

A settlement that is negotiated is the aim of the majority of lawsuits involving injuries. The process of reaching this goal usually involves a back-and-forth exchange 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 help you decide on a number to request for your settlement and assist in negotiations.

The amount of damages, including medical bills, lost wages and future losses, is an aspect that is always changing. Your injuries can get worse over time. This could increase future losses or diminish the value of your current losses. Your lawyer will ensure that your damages are in line with the current condition of your injuries and a full prognosis for future recovery.

Insurance companies often try to limit their payout by disputing certain elements of your claim. This can prolong settlement negotiations however, your lawyer has strategies to help you overcome these issues and get the most favorable outcome for your case. In certain cases, the process of negotiating an agreement can be lengthy, sometimes even for years. Negotiations can last for months or even years depending on a variety of factors.

The Trial Phase

While the majority of injuries cases are resolved through settlement talks outside of the courtroom, your attorney could decide to bring your case to trial if a satisfactory solution is not reached. This is an expensive and time-consuming process that can be stressful. The jury also has to decide if the defendant should be responsible for your injuries and injury attorney what amount of compensation you should be awarded. It is therefore important for your lawyer to conduct thorough research on your case at this stage to fully understand how you were injured and the extent of your injuries, damages and expenses.

Your attorney will now summon witnesses and experts and present evidence, such as photos documents, documents, and medical reports. This is referred to as the case-in­-chief phase. The defense attorney will then summon witnesses to testify and argue that the plaintiff shouldn't be awarded damages. The judge or jury will then consider the evidence and arguments presented by both sides.

The judge will then explain the legal requirements that must be met in order for the jury to find in favor of the plaintiff and against the defendant. This is referred to as jury instruction. Afterwards, each side makes their closing arguments. If the jury is not able to agree on a final verdict, the judge will declare that the trial a mistrial. In some cases appeals might be available in the event that you are not satisfied with the results of your trial.