injury lawsuit Litigation

Legally, it is the process which allows you to claim compensation for your injuries and losses. Your injury lawyer will use strong evidence to prove your case, including eyewitness testimony, medical documents, defendant's statements, and expert witness opinions.

Your lawyer will bring your lawsuit. Once the defendant has responded to the lawsuit, the case will move into an investigation of facts, also known as discovery.

The Complaint

Before the lawsuit can be filed, an injured party (plaintiff) must conduct pre-lawsuit discovery. This includes looking over police accident reports, making informal discovery, and identifying potential at-fault parties.

The plaintiff is then able to file an accusation and summons. The complaint identifies the party who is being sued. It also details the harm caused by the defendant's actions or lack thereof. The typical complaint will include a demand injury lawyer for compensation for the victim's medical expenses and lost income, as well as suffering and pain, and other damages arising from their injury.

The defendant is then given 30 days to file a reply which is referred to as an answer in which they acknowledge or deny the allegations made in the complaint. They may also include an additional defendant from a third party or make an appeal.

During the discovery stage the parties will exchange pertinent information about their positions and evidence. This typically includes depositions, written questions (called interrogatories) and requests for documents. This usually accounts for the majority of the lawsuit timeline. If there are settlement options that are available, they will be negotiated during this period. If not, the case will progress to trial. In this instance your lawyer will present your argument to a judge or jury and the defendant will put 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 collect evidence. This may include witness statements, specifics about your medical treatment and proof of the losses you've incurred. Your attorney can use several tools to assist you during discovery, such as interrogatories and requests for documents. Requests for documentation are requests to provide all relevant documents that is within the respective parties' control. Interrogatories require written responses. Requests for admission are written demands to the other party asking them to admit certain facts. This could save time and injury lawyer money since attorneys do not need to prove the facts during trial. Depositions are live recordings of witnesses where your attorney can question them about the incident under oath, and get their answers recorded and transcribed by a court reporter.

While discovery may appear to be an lengthy painful, invasive and uncomfortable process however, it is an essential step to gather the evidence needed for winning your injury lawyer case. Your lawyer will be willing to go over the specifics of the discovery process with you during your complimentary consultation. For instance, if attempt to conceal a preexisting condition that has caused your injury to worsen and this information is discovered in the process of discovery and removed from your case.

The Negotiation Phase

Negotiating a settlement is the primary goal in most injuries. This process usually involves an exchange of back-and to and back-and-forth between your lawyer as well as the insurer of the party who is 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 you decide on a number to demand your settlement and then assist in negotiations.

The amount of damages, such as medical bills, lost wages, and future losses, is a factor that changes. Your injuries could get worse over time, which could increase your losses in the future and decrease the value of your current losses. Your attorney will ensure that damages are determined based on your current injuries and the likelihood of future recovery.

Insurance companies usually attempt to limit the amount they pay by challenging certain elements of your claim. This could delay settlement negotiations but your lawyer will have strategies to help you overcome these issues and get the best possible outcome for your case. In some cases, the process of negotiating an agreement could be a long process that can take months or even years. Many factors affect the length of time that settlement negotiations be, but knowing what to expect will make the process less stressful and more effective for you.

The Trial Phase

While most injury cases are resolved by settlement negotiations outside of court, your attorney may decide to bring your case to trial if an acceptable resolution is not reached. It is a stressful lengthy, costly and expensive procedure. The jury will also have to decide if you are paid for your injuries and if so, how much. It is crucial for your lawyer to conduct thorough research on your case at this stage to fully comprehend how you were injured and the severity of your injuries, damages and costs.

At this moment, your lawyer will summon witnesses and experts to testify and present evidence of physical nature, such as photographs, documents and medical reports. This is referred to as the case-in­-chief phase. The defense attorney will then call witnesses to testify and argue why the plaintiff should not be awarded damages. The jury or judge considers the evidence and arguments of both sides.

The judge will then go over the legal requirements that must be met for the jury to find for the plaintiff and against the defendant. This is referred to as jury instruction. Each side then gives its closing arguments. If the jury cannot reach a consensus on a verdict then the judge declares a mistrial. If you are not happy with the outcome of your trial, there may be a right to appeal.