Injury Litigation

Injuries litigation is a legal procedure that allows you to claim compensation for your injuries and losses. Your injury lawyer will develop strong evidence for your case that includes eyewitness testimony as well as statements of the defendant and expert witness opinions.

Your lawyer will then file your lawsuit. After the defendant has reacted to the suit, it moves to the phase of fact-finding known as discovery.

The Complaint

Before a lawsuit can be filed, the injured party (plaintiff) must conduct pre-lawsuit discovery. This includes studying police accident reports, conducting informal discovery and identifying potential at-fault parties.

The plaintiff then has the option of filing a summons along with a complaint. The complaint details the damages caused by the defendant or his actions. It usually includes a request for compensation for medical bills loss of income, pain and suffering, and other damages related to their angleton injury attorney.

The defendant then has 30 days to file a response which is referred to as an answer, attorneys in which they admit or deny the allegations contained in the complaint. They may also file an additional counterclaim or add a third-party defendant the suit.

During the discovery phase in the discovery stage, both parties exchange relevant information regarding their positions and evidence. This usually involves depositions, written questions (called interrogatories) and requests for documents. This usually accounts for the majority of the timeframe for a lawsuit. If there are settlement possibilities, they will take place during this period. Otherwise the case will go to trial. During this period, your attorney will tell your side before a judge or jury and the defendant will defend themselves.

The Discovery Phase

Discovery is a formal phase that allows you and your legal team to share information with the other party and collect evidence. This could include witness statements, details about your medical treatment and evidence of the losses you've suffered. Your attorney can also use various tools during discovery to help your case, such as interrogatories, requests for documents and depositions. Interrogatories are written queries that require a written response while requests for documents requires the submission of all relevant documents that fall under the control of the parties. Requests for admissions require the other party to admit certain facts. This can help save time and money because the attorneys do not have to prove the facts uncontested during trial. Depositions are live, in-person interviews with witnesses. During these interviews, your attorney can ask them questions regarding the incident while under oath. Their answers will be recorded and then transcribed.

Although it may appear to be a long process that is invasive, uncomfortable and tedious however, it is an essential step to gather the evidence necessary for winning your injury case. During your free consultation with your attorney, you will be able to explain the details of the discovery process. For instance, if try to hide a prior condition that has caused your injury to worsen or aggravated, the information could be discovered during the discovery process and dismissed from your case.

The Negotiation Phase

Negotiating a settlement is the main goal of many injuries. The process of reaching this goal typically 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 assist you determine the best number to demand for your settlement and assist in negotiations.

One of the difficulties of settlement of an injury claim is that the amount you are owed including medical expenses loss of income, future losses - is an evolving factor. Your injuries may worsen over time, attorneys which may increase your future losses and decrease the value of your current losses. Your lawyer will ensure that damages are determined based upon your current injuries and the likelihood of the future recovery.

Often insurance companies try to limit the amount they pay for claims by challenging certain aspects of your case. This could result in delay in settlement negotiations. However your lawyer will have strategies to help you overcome these obstacles and achieve the best outcome for your case. Negotiating an agreement can sometimes be a lengthy process that can take months or years. Negotiations can last for months or even years depending on many factors.

The Trial Phase

Most cases involving injuries are settled outside of court through settlement negotiations. If a resolution is not reached, your lawyer may decide to take the case to trial. This can be a costly, time-consuming and stressful process. The jury also has to decide whether the defendant should be held accountable for your injuries, and how much money you will receive. Your lawyer must thoroughly investigate your case in order to understand the circumstances of your injury, the extent of injuries, damages, and costs.

At this moment, your lawyer will summon witnesses and experts to testify. They will also provide evidence physical such as photographs, documents and medical reports. This is known as the case-in-chief phase. The defense attorney will summon witnesses to testify for argument against the plaintiff and argue that the plaintiff should not receive damages. The judge or jury evaluates the arguments and evidence of both parties.

The judge will explain to the jury the legal standards that must be met in order for them to decide in favor of plaintiff or against defendant. This is referred to as jury instruction. After that, both sides present their closing arguments. If the jury is not able to agree on a verdict the judge will declare the trial an unconstitutional trial. If you're not satisfied with the result of your trial, there might be an appeal option.