Injury Litigation

Injury litigation is a legal procedure through which you can claim compensation for your injuries and losses. Your lawyer will create solid evidence for your case, including eyewitness testimony, medical documentation as well as statements of the defendant and expert witness opinions.

Your lawyer will bring your lawsuit. Once the defendant has responded and the case is moved to the discovery phase, which is a process of finding facts.

The Complaint

Before the lawsuit is filed, an injured person (plaintiff) must conduct pre-lawsuit discovery. This includes reviewing accident reports, conducting informal discovery, and identifying potentially liable parties and causes of action that can be argued against them.

The plaintiff is then able to file a summons with a complaint. The complaint details the damages caused by the defendant or his actions. It usually includes a request for damages to compensate the victim for their injuries, including medical bills and lost wages or income, as well as pain and other damages.

The defendant will then have 30 days to file a response or answer or answer, in which they accept or deny the allegations made in the complaint. They may also include third party defendants or file an appeal.

During the discovery stage the parties will exchange pertinent information about their positions and the evidence. This process includes depositions (also called 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 stage, if there are settlement opportunities that are discussed, they will be discussed. The case will then proceed to trial if there's no settlement. During this time your attorney will be able to provide your side of the story to a jury or judge and the defendant will take on their defense.

The Discovery Phase

Discovery is a formal phase that allows you and your legal team to share information with the other party and collect evidence. This could include witness testimony and details about your medical treatment and proof of losses you have suffered. Your attorney may use a variety tools to aid you in discovery, including 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 admissions ask the other party to acknowledge certain facts. This can reduce time and cost since attorneys do not need to prove these facts at trial. Depositions are live, in-person interviews with witnesses. Your attorney can ask them questions about the incident under the oath. Their responses will be recorded and then transcribed.

Although discovery can appear to be an lengthy process that is invasive, uncomfortable and tedious but it's a crucial step to gather the evidence required to win your case. During your free consultation with your attorney, you will be able discuss the details of the discovery process. For instance, if try to hide a preexisting condition that has caused your injury lawyer to worsen and this information is discovered in the process of discovery and then thrown out of your case.

The Negotiation Phase

Most cases of injury aim to settle through negotiations. This usually involves a exchange of back and forth between your lawyer and 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 the number you want to demand for your settlement, and then assist in negotiations.

The amount of damages, which includes medical bills, lost wages and future losses, is a factor that changes. Your injuries can get worse as time passes, which could increase your future losses and decrease the amount of your current losses. Your attorney will work to ensure that your damages are based on the current state of your injuries, and provide an accurate prognosis for your future recovery.

Often insurance companies try to limit the amount they pay for claims by arguing against certain elements of your case. This can result in an inability to settle settlement negotiations. However, your lawyer will have strategies that will help you overcome these hurdles and obtain the best possible outcome for Injured your case. In some instances, the process of negotiating an agreement can be lengthy, sometimes even for years. Negotiations can take months or even years based on various factors.

The Trial Phase

The majority of injury cases are resolved without court through settlement negotiations. If a resolution is not reached your lawyer could decide to take the case to trial. It is a costly lengthy and time-consuming procedure that can be stressful. It also requires the jury to decide whether the defendant should be held liable for your injuries, and what compensation you should be awarded. It is crucial for your lawyer to thoroughly research your case in this phase to fully understand the way you were injured, injured the extent of your injuries, the damages and expenses.

Your attorney will now summon witnesses and experts and present physical evidence, such as photographs or documents as well as medical reports. This is referred to as the case-in­-chief phase. The defense attorney will call witnesses to testify as a counter argument and argue that the plaintiff should not receive damages. The judge or jury will then review the evidence and arguments made by both parties.

The judge will then go over the legal requirements to be met in order for the jury to decide for the plaintiff and against the defendant. This is known as jury instruction. Each side then presents its closing arguments. If the jury is not able to agree on a verdict, the judge will declare the trial a mistrial. In some rare cases, an appeal may be available if you're unhappy with the outcome of your trial.