Injury Litigation

The legal procedure that allows you to recover compensation for your losses and injuries. Your injury lawyer will develop strong evidence in your case that includes eyewitness testimony in the form of defendant statements, expert witness opinions.

Your lawyer will start the lawsuit. If the defendant does not respond then the case goes to the discovery phase, which is a process of finding facts.

The Complaint

Before a lawsuit is filed the person who was injured (plaintiff) must conduct a pre-lawsuit investigations. This includes studying police accident reports, conducting informal discovery, and identifying potential responsible parties.

After the plaintiff has completed this, they can start a summons as well as a complaint. The complaint details the damages caused by the defendant's or his inaction. It typically includes a request for compensation for the victim's medical expenses as well as lost income, suffering and pain, and other damages that result from their injury.

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

During the discovery phase, both parties will exchange pertinent information about their positions and evidence. This usually includes depositions, written questions (called interrogatories), and requests for Vimeo documents. This usually takes up the majority of the timeline for the lawsuit. If there are any settlement options, these will be discussed. If not the case will go to trial. During this period the attorney will explain your perspective to a judge or jury and the defendant will put on their defense.

The Discovery Phase

The discovery phase is a formal procedure that permits your legal team and the at-fault party to exchange information and vimeo gather evidence. It could include witness statements, information regarding your medical treatment, and proof of the expenses you've incurred. Your attorney may also employ several different tools in discovery to help your case, including interrogatories and requests for documents and depositions. Requests for documents are requests to provide all relevant documents that is within the respective parties' control. Interrogatories require written responses. Requests for admission are letters to the other party, asking for them to acknowledge certain facts. This will save time and cost as the attorneys do not need to prove their claims in court. Depositions are live discussions with witnesses. Your attorney can ask them questions regarding the incident while under the oath. Their answers will be recorded and transcribed.

Discovery can be an uncomfortable, lengthy and invasive process, but it is essential to gather the evidence required to be successful in your claim for compensation. Your attorney will be in a position to discuss the details of the discovery process in your free consultation. For example, if you attempt to conceal a preexisting health issue that caused your little silver injury law firm to get worse or aggravated, the information could be discovered in the process of discovery and dismissed from your case.

The Negotiation Phase

Reaching a negotiated settlement is the aim of the majority of injury cases. The process typically involves a back and with your lawyer and 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 assist in deciding on the number of settlement that you want to demand and then help in negotiations.

The amount of damages, such as medical bills, lost wages and future losses, is a variable that is always changing. The severity of your injuries could increase as time passes, which could increase your losses in the future and decrease the amount of your current losses. Your attorney will work to ensure that your damages are determined by the current state of your injuries and an accurate prediction of your future recovery.

Most often insurance companies are trying to limit the amount they pay for claims by challenging certain elements of your case. This can cause delays in settlement negotiations however, your lawyer has strategies to help you get through these issues and get the best possible outcome for your case. The process of negotiating an agreement can be a lengthy process that can take months or years. Negotiations can last for months or even years based on various factors.

The Trial Phase

Most cases of injury are settled outside of court through settlement negotiations. If the resolution isn't reached your lawyer might decide to go to trial. This can be a difficult, expensive and time-consuming process. It also requires the jury to decide if the defendant should be held liable for your injuries and the amount you should be awarded. It is therefore important for your lawyer to conduct a thorough investigation of your case at this point to fully understand the nature of your injuries, the extent of your injuries, damages and expenses.

Your attorney will now call witnesses and experts, and will present physical evidence, such as photos, documents, and medical reports. This is the "case-in-chief" phase. The defense attorney will call witnesses to testify for argument against the plaintiff and argue that plaintiffs shouldn't be awarded damages. The jury or judge weighs the evidence and arguments of both sides.

The judge will explain to the jury the legal standards that must be adhered to in order for them to decide in the favor of the plaintiff or against the defendant. This is known as jury instruction. Each side then presents its closing arguments. If the jury is unable reach a decision and the judge decides to declare a mistrial. If you are not happy with the result of your trial, there may be an appeal available.