Injury Litigation

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

Your lawyer will then submit your lawsuit. After the defendant responds to the lawsuit, the case moves to an investigation stage, also known as discovery.

The Complaint

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

After the plaintiff has completed this, they can start a summons as well as a complaint. The complaint outlines the harm caused by the defendant's actions or his actions. The typical complaint will include a demand to seek damages for the victim's injuries, injured including medical bills, lost wages, pain and suffering and other damages.

The defendant has 30 days to respond, referred to as an answer. In this response, the defendant is able to accept or deny the allegations made in the complaint. They may also make a counterclaim or add a third-party defendant to the suit.

During the discovery phase during the discovery phase, both parties will share relevant information regarding their positions and evidence. This typically includes depositions, written questions (called interrogatories), and requests for documents. This phase typically accounts for the majority of the timeframe for a lawsuit. If there are settlement opportunities these will occur during this time. The case will then go to trial if there is no settlement. During this period your attorney will be able to explain your side of the story to a jury or judge and the defendant will take on their defense.

The Discovery Phase

The discovery phase is a formal procedure that allows your legal team and the party at fault to exchange information and gather evidence. This can include witness testimony and details about your medical treatment, and evidence of the losses you've suffered. Your attorney can utilize a variety of tools to help you during discovery, including interrogatories as well as requests for documents. Interrogatories are questions that require a written response as well as requests for documents involves requesting all relevant documentation that is under the control of the parties. Requests for admission are written demands to the other party requesting for them to acknowledge certain facts. This could save time and money since the attorneys do not have to prove the facts at trial. Depositions are live, in-person interviews with witnesses. Your attorney can ask them questions about the incident under oath. Their responses will be recorded and transcribed.

Although it may appear to be an lengthy unpleasant, time-consuming and uncomfortable process but it's a crucial step to gather the evidence necessary to win your injury case. Your attorney will be able to discuss the specifics of the discovery process with you during your free consultation. For example, if you try to hide a preexisting condition that has caused your injury to worsen, this information could be discovered during the discovery process and injured removed from your case.

The Negotiation Phase

Negotiating a settlement is the aim of the majority of injury cases. The process to achieve 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 in determining the amount of settlements you wish to negotiate and help with negotiations.

The amount of damages, which includes medical bills, lost wages and future loss, is a factor that is always changing. Your injuries can get worse as time passes, which could increase your losses in the future and decrease the amount of your current losses. Your attorney will ensure that your damages are calculated based on your current injuries and the likelihood of the future recovery.

Insurance companies often try to limit their payout by arguing about certain aspects of your claim. This can delay settlement negotiations however, your lawyer can provide strategies to help you overcome these difficulties and achieve the most favorable outcome for your case. The process of negotiating an agreement can take months or even years. There are many factors that affect how long settlement negotiations take, but knowing what to expect will make the process easier and more efficient for you.

The Trial Phase

While most injury cases are resolved through settlement negotiations outside of court, your lawyer may decide to take your case to trial if a satisfactory resolution is not attainable. This can be a difficult lengthy, costly and expensive procedure. The jury will also have to decide if you are paid for your injuries and should they, if so, in what amount. It is therefore crucial for your lawyer to conduct thorough research on your case prior to the trial to fully comprehend how you were injured and the extent of your injuries, damages and expenses.

At this point, your attorney will call witnesses and experts to testify and provide evidence in the form of documents, photographs and medical reports. This is the "case-in-chief" phase. The defense attorney will summon witnesses to testify as a defense, 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 go over the legal requirements to be met in order for the jury to rule for the plaintiff and against the defendant. This is referred to as jury instruction. Afterwards, each side makes their closing arguments. If the jury fails to reach a decision and the judge decides to declare a mistrial. If you're not satisfied with the outcome of your trial, there could be a right to appeal.