Injury Litigation

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

Your lawyer will then begin to file your lawsuit. When the defendant has responded then the case goes to a fact-finding stage called discovery.

The Complaint

Before the lawsuit is filed, an injured party (plaintiff) must conduct pre-lawsuit discovery. This entails reviewing police accident reports as well as conducting informal discovery and identifying potentially liable parties and possible causes of action that can be asserted against them.

After the plaintiff has completed this, they are able to make a complaint and summons. The complaint outlines the harm caused by the defendant's actions or his actions. It usually includes a request for compensation for medical expenses, lost income, suffering and other damages that result from their injuries.

The defendant has 30 days to respond, which is also referred to as an answer. In this response, the defendant can admit or deny any claims made in the complaint. They can also file counterclaims or add a third-party defendant to the suit.

During the discovery stage during the discovery phase, both parties will share pertinent information about their positions and the evidence. This involves depositions (also called interrogatories), written questions (also called interrogatories) as well as requests for documents. This usually takes up the majority of the timeframe for the lawsuit. If settlement opportunities are available they will be made during this time. The case will then go to trial if there is no settlement. During this period, your attorney will give your side of the story before a jury or judge and the defendant will take on their defense.

The Discovery Phase

The discovery phase is a formal process that permits your legal team and the party at fault to exchange information and gather evidence. It could include witness statements as well as details of your medical treatment, and proof of losses you have suffered. Your attorney may use a variety tools to assist you during discovery, injury Attorney including interrogatories and requests for documents. Requests for documents are requests to supply all relevant documentation which is within each party's control. Interrogatories require written responses. Requests for admission are written demands to the other party asking them to accept certain facts. This could save time and money as the attorneys don't have to prove the facts in court. Depositions are live discussions with witnesses, during which your attorney can ask them questions about the incident under an oath. Their answers will be recorded and transcribing.

Discovery may appear to be an uncomfortable, lengthy and intrusive process, but it is necessary to gather the evidence needed to be successful in your claim for compensation. Your attorney will be capable of discussing the details of the discovery process with you during your free consultation. For example, if you attempt to conceal a preexisting condition that has aggravated your injury, this information could be discovered in the process of discovery and dismissed from your case.

The Negotiation Phase

Most cases of injury aim to settle a case through negotiations. This usually involves an exchange of back-and forth between your lawyer and injury attorney that of the insurer of the responsible party. 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 amount of settlements you would like to demand and then help with negotiations.

The amount of damages, such as medical bills, lost wages and future losses, is an aspect that is always changing. Your injuries could worsen 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 on the severity of your injuries and the prognosis of the future recovery.

Most often, insurance companies are trying to limit their payouts for claims by arguing against some elements of your case. This can cause delays in settlement negotiations however, your lawyer has strategies to help you navigate these issues and get the most favorable outcome for your case. In some cases negotiations to reach an agreement could take months or even years. Negotiations can take months or even a whole year based on many different factors.

The Trial Phase

While the majority of cases involving injuries are resolved through settlement talks outside of the courtroom, your attorney could choose to take your case to trial if a satisfactory resolution is not reached. This can be a costly lengthy, time-consuming and stressful procedure. The jury must also decide if you should be compensated for your injuries and should they, if so, in what amount. Your lawyer should thoroughly investigate your case to determine the circumstances of your injury lawsuit, as well as the severity of the injuries, damages and costs.

Your attorney will now call witnesses and experts and present physical evidence, including photographs, documents, and medical reports. This is known as the case-in chief phase. The defense attorney will call witnesses to testify in rebuttal and argue why the plaintiff shouldn't be awarded damages. The judge or jury will then consider the evidence and arguments presented by both parties.

The judge will then go over the legal standards which must be followed for the jury to come up with a verdict in favor of the plaintiff and against the defendant. This is known as jury instruction. Following that, each side will present their closing arguments. If the jury cannot reach an agreement on a decision, the judge will declare that the trial is an unconstitutional trial. If you're not satisfied with the result of your trial, there could be an appeal option.