Injury Litigation

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

Your lawyer will bring your lawsuit. If the defendant does not respond to the lawsuit, the case moves to a fact-finding stage called discovery.

The Complaint

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

After the plaintiff has completed this, they can make a complaint and summons. The complaint is a formal declaration of the party who is being sued and details the harm caused by the defendant's conduct or inaction. It typically contains a request for compensation for the victim's medical expenses, lost income, suffering and pain, and other damages related to their injuries.

The defendant then has 30 days to file a reply which is referred to as an answer, in which they admit or deny the allegations in the complaint. They can also include an additional defendant, or make a counterclaim.

During the discovery phase, both sides will exchange relevant information about their respective positions and evidence in the case. This typically involves depositions written questions (called interrogatories) and requests for documents. This is usually the majority of the timeframe for the lawsuit. If there are settlement options that are available, they will be negotiated during this time. Otherwise, the case will progress to trial. During this time your lawyer will explain your side of the tale to a jury or judge and the defendant will defend themselves.

The Discovery Phase

Discovery is a formal procedure that allows you and your legal team to exchange information with the other party and collect evidence. This may include witness testimony and details about your medical treatment, and proof of losses you have suffered. Your attorney may also employ several tools in discovery to help your case, such as interrogatories, documents requests and depositions. Interrogatories are written queries that require a written answer, while request for documents involve requesting all relevant documentation under the control of each party. Requests for admission ask the other party to acknowledge certain facts, which can reduce time and cost since attorneys do not need to prove these undisputed facts at trial. Depositions are live recordings of witnesses where your attorney is able to interview them about the incident under oath, and have their answers recorded, and then transcribed by a court reporter.

While discovery may appear to be an lengthy, intrusive and uncomfortable process but it's a crucial step to gather the evidence necessary to win your injury case. Your attorney will be willing to go over the specifics of the discovery process with you during your no-cost consultation. If you attempt to conceal an Injury law firms that was already present and aggravated due to a medical condition that was already present, this information may be discovered during the process of discovery and your case could be thrown out.

The Negotiation Phase

Most injury attorney cases aim to settle the case through negotiations. This usually involves an exchange of back-and with your lawyer and 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 choose the appropriate number to demand for your settlement, and then assist in negotiations.

The amount of damage, which includes medical bills, lost wages, and future loss, is a factor that is always changing. Your injuries could get worse over time. This could result in a rise in future losses or reduce the value of your current losses. Your lawyer will ensure that your damages are based on the current state of your injuries, and provide an accurate prognosis for your future recovery.

Insurance companies frequently attempt to limit the amount they pay by disputing certain elements of your claim. This can cause delays in settlement negotiations, but your lawyer has strategies to help you overcome these challenges and reach the best possible outcome for your case. In some cases negotiations to reach an agreement could take months or even years. Many factors affect how long settlement negotiations be, but knowing what to expect can make the process easier and more efficient for you.

The Trial Phase

While most injury cases are resolved through settlement negotiations, which are not in the courtroom, your attorney might choose to take your case to trial if an acceptable solution is not reached. This is a costly lengthy and time-consuming procedure that can be stressful. The jury must also decide if you should be compensated for your injuries, and if so, Injury law firms how much. It is therefore crucial for your lawyer to thoroughly research your case at this stage to fully understand the nature of your injuries and the extent of your injuries, damages and expenses.

At this point, your lawyer will call witnesses and experts to testify, and present physical evidence such as documents, photographs, and medical reports. This is the "case-in-chief" phase. The defense attorney will call witnesses to testify for rebuttal, and argue that plaintiffs shouldn't be awarded damages. The judge or jury will then review the evidence and arguments made by both parties.

The judge will then outline the legal standards 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. Each side then gives its closing arguments. If the jury cannot agree on a verdict, the judge will declare the trial an unconstitutional trial. If you are not happy with the outcome of your trial, there may be an appeal option.