injury law firm Litigation

Injury litigation is a legal process by which you can recover compensation for your injuries and losses. Your injury attorney will build solid evidence in your case by utilizing eyewitness testimony in the form of defendant statements, expert witness opinions.

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

The Complaint

Before a lawsuit is filed, an injured person (plaintiff) must conduct pre-lawsuit discovery. This involves reviewing police accident reports as well as conducting informal discovery and identifying potentially liable parties and available causes of action that may be asserted against them.

The plaintiff can then file a summons with a complaint. The complaint details the damage caused by the defendant's or his inaction. The typical complaint will include a demand for damages for the victim's injuries, including medical bills loss of wages as well as pain and suffering, among other damages.

The defendant then has 30 days to file a reply or answer in which they either admit or deny the allegations made in the complaint. They may also file an appeal or add a third party defendant to the suit.

During the discovery phase in the discovery phase, both sides will exchange relevant information about their positions and the evidence they have in the case. This usually includes depositions, written questions (called interrogatories), and requests for documents. This phase usually takes up the majority of the timeline for an action. If there are any settlement possibilities that are discussed, they will be discussed. Otherwise the case will proceed to trial. During this time your lawyer will present your story to a jury or judge and the defendant will defend themselves.

The Discovery Phase

The discovery phase is a formal procedure that allows your legal team and the party at fault to exchange information and collect evidence. It could include witness statements, details regarding your medical treatment, and evidence of the losses you have incurred. Your attorney may also employ various tools during discovery to help your case, such as interrogatories and requests for documents and depositions. Requests for documents are essentially requests to provide all relevant documentation that are within each party's control. Interrogatories require written responses. Requests for admission require the other side to admit certain facts, which can save time and money as the attorneys do not have to prove the facts uncontested in court. Depositions are live, in-person interviews with witnesses, during which your attorney can ask them questions regarding the incident while under an oath. Their responses will be recorded and transcribing.

Discovery can be an uncomfortable, lengthy and intrusive process, but it is essential to collect the evidence needed to be successful in your claim for compensation. Your attorney will be capable of discussing the details of the discovery process in your free consultation. For instance, if try to hide a preexisting condition that your injury worsened, this information could be discovered during the discovery process and injury attorney then thrown out of your case.

The Negotiation Phase

A settlement that is negotiated is the goal of most lawsuits involving injuries. The process typically involves a back and to and back-and-forth between your lawyer as well as the insurance company of the party responsible. This may include informal conversations/correspondence (by phone, in meetings, by email) where the parties trade offers and counter-offers. Your lawyer can help decide on a number to demand for your settlement and can then assist in negotiations.

One of the issues with settlement of an injury claim is that the amount of your damages including medical expenses as well as lost income and future losses - is a dynamic aspect. Your injuries may get worse over time. This could cause further losses or diminish the value of your current losses. Your lawyer will ensure that your damages are dependent on the current condition of your injuries, and provide a full prognosis for future recovery.

Insurance companies frequently attempt to limit the amount they pay by challenging certain elements of your claim. This could delay settlement negotiations, but your lawyer has strategies to help you navigate these difficulties and achieve the most favorable outcome for your case. In some instances negotiations to reach an agreement can be lengthy, sometimes even for years. There are many factors that affect the length of time settlement negotiations be, but knowing what to expect can make the process less stressful and more effective for you.

The Trial Phase

Most injury lawsuit cases are settled outside of court through settlement negotiations. If a resolution is not reached your lawyer could decide to take the case to trial. This is a costly and time-consuming process that can be stressful. The jury must also decide if you should be compensated for your injuries and, should they, if so, in what amount. It is therefore important for your lawyer to thoroughly research your case in this phase to fully understand the way you were injured, the extent of your injuries, the damages and costs.

Your attorney will now call witnesses as well as experts and present physical evidence, including photographs documents, documents, and medical reports. This is referred to as the case-in­-chief phase. The defense attorney will call witnesses to testify and argue as to why the plaintiff should not be awarded damages. The jury or judge will then look at the evidence and arguments put forward by both parties.

The judge will then outline the legal standards that must be met for the jury to find in favor of the plaintiff and against the defendant. This is called jury instruction. After that, both sides present their closing arguments. If the jury fails to reach a consensus on a verdict, the judge will declare a mistrial. In some cases appeals might be available if unhappy with the outcome of your trial.