Injury Litigation

The process of suing for injury is a legal procedure through which you can get compensation for your injuries and losses. Your lawyer will create solid evidence in your case that includes eyewitness testimony, medical documents testimony of the defendant, expert witness opinions.

Your lawyer will start the lawsuit. Once the defendant has responded to the suit, it moves to the phase of fact-finding known as discovery.

The Complaint

Before the lawsuit can be filed, an injured person (plaintiff) must conduct pre-lawsuit discovery. This involves reading police accident reports, making informal discovery and identifying at-fault parties.

Once the plaintiff has done this, they are able to start a summons as well as a complaint. The complaint outlines the harm caused by the defendant's action or his actions. It usually includes a request for damages to compensate the victim for their injuries, including medical bills, lost wages or income, as well as pain and other damages.

The defendant will then have 30 days to file a response which is referred to as an answer, in which they admit or deny the allegations contained in the complaint. They can also include a third party defendant or make counterclaims.

During the discovery phase where both sides exchange relevant information about their positions and the evidence in the case. This phase includes depositions (also known as interrogatories), written questions (also known as interrogatories) as well as requests for documents. This usually accounts for the majority of the timeframe for a lawsuit. In this phase, if there are any settlement possibilities they will be discussed. The case will then go to trial if there is no settlement. During this period the attorney will present your side of the story before a judge or jury and the defendant will defend themselves.

The Discovery Phase

Discovery is a formal procedure that allows you and your legal team to exchange information with the other party and gather evidence. This can include witness testimony and details about the treatment you received from your doctor, and evidence of the losses you've suffered. Your attorney may use a variety tools to aid you in discovery, such as interrogatories and requests for documents. Interrogatories are written questions that require a response written as well as requests for documents involve requesting all relevant documents that fall under the control of each party. Requests for admissions ask the other side to admit certain facts. This could save time and money since the attorneys do not have to prove these uncontested facts at trial. Depositions are live conversations with witnesses. Your attorney can ask them questions about the incident under an oath. Their answers will be recorded and transcribed.

While discovery may seem like a long, intrusive and uncomfortable process but it's a crucial step to gather the evidence necessary to win your case. During your consultation for free, your attorney will be able to discuss the details of the discovery process. If you attempt to conceal a preexisting injury that worsened due to a medical condition that was already present, this information may be discovered during discovery and your case could be dismissed.

The Negotiation Phase

The majority of cases involving injuries aim to settle the case through negotiations. This process usually involves a exchange of back and with your lawyer and that of the responsible party's insurer. 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 in deciding on the amount of settlements you wish to seek and assist with negotiations.

One of the difficulties of settling an injury claim is that the amount of your damages - including your medical bills loss of income, future losses - is an evolving factor. Your injuries can get worse over time. This could lead to a rise in future loss or reduce the value of your current losses. Your attorney will ensure that damages are determined based on the severity of your injuries and the prognosis of the future recovery.

A lot of times insurance companies attempt to limit their payout for claims by challenging certain elements of your case. This can delay settlement negotiations however, your lawyer can provide strategies to help you get through these challenges and reach the best possible outcome for your case. Negotiating a settlement can take months or even years. Negotiations can take months or even years depending on various factors.

The Trial Phase

Although the majority of injury cases are resolved through settlement talks outside of the courtroom, your attorney could decide to bring your case to trial if a fair resolution is not reached. It is a costly, time-consuming and stressful process. It also requires the jury to decide whether the defendant should be responsible for your injuries, and how much money you should receive. Therefore, it is essential for your lawyer to conduct thorough research on your case at this point to fully understand how you were injured and the severity of your injuries, damages and expenses.

At this point, your lawyer will call witnesses and injury experts to testify. They will also provide evidence physical such as photographs, documents and medical reports. This is the "case-in-chief" phase. The defense attorney will call witnesses to testify in rebuttal and argue for the reasons why the plaintiff shouldn't be awarded damages. The judge or jury then considers the arguments and evidence of both sides.

The judge will explain to the jury the legal requirements that must be followed in order to decide in favor of plaintiff or against defendant. This is known as jury instruction. Afterwards, each side makes their closing arguments. If the jury cannot agree on a final verdict, the judge will declare that the trial is a mistrial. In some rare instances appeals might be available if you're unhappy with the outcome of your trial.