Injury Litigation

Injury litigation is the legal procedure that allows you to recover compensation for your injuries and losses. Your injury attorney will build solid evidence in your case by utilizing eyewitness testimony, medical records, defendant statements and expert witness opinions.

Your lawyer will bring your lawsuit. Once the defendant has responded to the suit, it moves to the stage of fact-finding, which is known as discovery.

The Complaint

Before the lawsuit can be filed, the injured person (plaintiff) must conduct pre-lawsuit discovery. This includes looking over the police accident reports, conducting informal discovery and identifying liable parties.

After the plaintiff has completed this, they can file a summons and complaint. The complaint details the damage caused by the defendant's actions or his actions. It usually includes a request to seek damages for the victim's injuries including medical bills loss of wages or income, as well as pain and other damages.

The defendant is then given 30 days to file a response, known as an answer in which they acknowledge or deny the allegations contained in the complaint. They can also include an additional defendant, or file an appeal.

During the discovery stage during the discovery phase, both parties will share relevant information regarding their positions and the evidence. This phase includes depositions (also known as interrogatories), written questions (also known as interrogatories) and requests for documents. This phase typically accounts for the majority of the lawsuit timeline. If there are settlement opportunities they will be made during this time. Otherwise, the case will progress to trial. During this time, your attorney will present your side of the story to a judge or jury and the defendant will take on their defense.

The Discovery Phase

Discovery is a formal stage that permits you and your legal team to share information with the other party and collect evidence. This may include witness testimony as well as details of your medical treatment, and proof of losses you have suffered. Your attorney can use several tools to help you during discovery, including interrogatories as well as requests for documents. Interrogatories are written queries that require a written response while requests for documents require the submission of all relevant documents that fall under the control of each party. Requests for admission are written requests to the other party requesting for them to acknowledge certain facts. This can save time and money as the attorneys don't have to prove the facts in court. Depositions are live conversations with witnesses where your attorney can inquire about the incident under oath. They will get their answers recorded and translated by a court reporter.

Although discovery can appear to be an lengthy, intrusive and uncomfortable process however, it is an essential step to gather the evidence required to win your case. During your consultation for free with your attorney, you can discuss the specifics of the discovery process. For instance, if you attempt to conceal a preexisting condition that has aggravated your injury lawsuits it could be discovered in the process of discovery and thrown out of your case.

The Negotiation Phase

Reaching a negotiated settlement is the main goal of many lawsuits involving injuries. The process to achieve this goal usually involves an exchange of information between your lawyer and the responsible party's 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 deciding on the amount of settlements you wish to negotiate and help in negotiations.

One of the challenges of settling an injury claim is that the amount you are owed (including medical bills as well as lost income and future losses - is a dynamic aspect. Your injuries may worsen over time, which can increase your future losses, and injury attorney reduce the value of your current losses. Your lawyer will ensure that your damages are based on the current state of your injuries as well as an accurate prediction of your future recovery.

Often insurance companies are trying to limit the amount they pay for claims by arguing against some aspects of your case. This can cause delays in settlement negotiations, but your lawyer has strategies to help you overcome these issues and get the most favorable outcome for your case. In some cases the process of negotiating an agreement can be a long process that can take months or even years. Negotiations can take several months or even years, depending on many factors.

The Trial Phase

Although the majority of injury law firm cases are resolved through settlement talks outside of court, your lawyer may choose to take your case to trial if an acceptable resolution cannot be reached. This is a costly lengthy, time-consuming and stressful procedure. It also requires the jury to decide whether the defendant is held accountable for your injuries and what amount of compensation you will receive. It is crucial for your lawyer to thoroughly research your case at this point to fully understand the extent of your injuries and the severity of your injuries, the damages and expenses.

Your lawyer will now call witnesses and experts and present physical evidence, such as photographs, documents, and medical reports. This is the "case-in-chief" phase. The defense attorney will then call witnesses to testify and argue as to why the plaintiff should not be awarded damages. The jury or judge will then take into consideration the evidence and arguments presented by both parties.

The judge will then outline the legal standards to be met in order for the jury to rule for the plaintiff and against the defendant. This is known as jury instruction. Afterwards, each side makes their closing arguments. If the jury fails to reach a decision and the judge declares a mistrial. If you are not happy with the results of the trial, there could be an appeal available.