Injury Litigation

Legally, it is a process by which you can get compensation for your injuries and losses. Your injury attorney (supplemental resources) will build strong evidence for your case that includes eyewitness testimony, injury attorney medical documents, defendant statements and expert witness opinions.

Your lawyer will then submit your lawsuit. If the defendant does not respond and the case is moved to a fact-finding stage called discovery.

The Complaint

Before filing a lawsuit the person who suffered the injury lawyers (plaintiff), must conduct an investigation prior to filing a lawsuit. This includes reviewing accident reports, conducting informal discovery, and identifying any potentially liable parties and available causes of action that can be argued against them.

The plaintiff can then file an order with a complaint. The complaint identifies the party who is being sued. It also describes the harm caused by the defendant's actions or inaction. It typically includes a demand for damages to compensate the victim for their injuries, including medical bills and lost wages or income, as well as pain and other damages.

The defendant is then given 30 days to file a response called an answer in which they either admit or deny the allegations in the complaint. They can also add third party defendants or make an appeal.

During the discovery stage, both parties will exchange pertinent information about their positions and the evidence. This involves depositions (also known as interrogatories) as well as written questions (also known as interrogatories) as well as requests for documents. This phase typically accounts for the major portion of the litigation timeline. In this stage, if there are any settlement options, these will be discussed. Otherwise, the case will progress to trial. In this time, your attorney will tell your side to a jury or judge and the defendant will defend themselves.

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 may include witness statements, specifics regarding your medical treatment, as well as proof of the damages you've suffered. Your lawyer may also employ different tools during discovery to aid your case, including interrogatories, requests for documents and depositions. Requests for documents are the requests to provide all relevant documentation that is under each party's control. Interrogatories require written responses. Requests for admission ask the other party to accept certain facts. This can help save time and money because lawyers do not have to prove these uncontested facts at trial. Depositions are recorded interviews with witnesses, where the attorney can ask them questions about the incident under oath and get their answers recorded and translated by a court reporter.

Discovery may seem like an uncomfortable, lengthy and invasive process, but it is essential to collect the evidence needed to prove your injury claim. During your free consultation with your attorney, you will be able to discuss the details of the discovery process. For instance, if you try to hide a preexisting health issue that caused your injury to get worse or aggravated, the information could be discovered during the discovery process and thrown out of your case.

The Negotiation Phase

Most cases of injury aim to settle the case through negotiation. The process typically involves a back and to and back-and-forth between your lawyer as well as that of the insurer of the party who is responsible. This may include informal conversations/correspondence (by phone, in meetings, by email) where the parties trade offers and counter-offers. Your lawyer can help choose the appropriate number to demand for your settlement and can then assist in negotiations.

The amount of damages, such as medical bills, lost wages, and future losses, is an aspect that is dynamic. Your injuries could get worse over time. This could lead to a rise in future losses or diminish the value of your current losses. Your lawyer will ensure that your damages are determined based upon your current injuries and the likelihood of the future recovery.

A lot of times insurance companies are trying to limit their payout for claims by challenging certain elements of your case. This can lead to delays in settlement negotiations. However your lawyer can provide strategies to assist you in overcoming these obstacles to get the best possible outcome for your case. In some cases, the process of negotiating an agreement can take months or even years. Many factors affect how long settlement negotiations last, but knowing the length to expect will make the process less stressful and more effective for you.

The Trial Phase

While the majority of injuries cases are resolved through settlement talks outside of court, your lawyer may decide to bring your case to trial if a satisfactory resolution is not reached. This can be a costly lengthy and time-consuming procedure that can be stressful. It also requires the jury to decide whether the defendant should be accountable for your injuries and how much money you should be awarded. Your lawyer must thoroughly research your case to understand the circumstances of your injury, the extent of the injuries, damages and the costs.

Your lawyer will now call witnesses and experts and present evidence, such as photographs, documents, and medical reports. This is the "case-in-chief" phase. The defense attorney will summon witnesses to testify on behalf of a counter argument and argue that plaintiffs shouldn't be awarded damages. The jury or judge will then look at the evidence and arguments presented by both sides.

The judge will explain to the jury the legal standards that must be met in order for them to decide whether to go in favor of the plaintiff or against the defendant. This is known as jury instruction. Each side then gives its closing arguments. If the jury is unable agree on a verdict and the judge decides to declare a mistrial. If you're not satisfied with the result of your trial, there may be an appeal to be made.