Injury Litigation

Injuries litigation is the legal procedure that allows you to collect compensation for your losses and injuries. Your injury lawyer will use strong evidence to support your case, which includes eyewitness testimony, medical documents, defendant's statements, and expert witness opinions.

Your lawyer will file your lawsuit. When the defendant has responded to the lawsuit, the case moves to an inquiry stage known as discovery.

The Complaint

Before filing a lawsuit, the injured person (plaintiff) must conduct a an investigation prior to filing a lawsuit. This involves looking over police accident reports, conducting informal discovery and identifying potential liable parties.

The plaintiff then has the option of filing a summons along with a complaint. The complaint identifies the party who is being sued, and describes the harm that was caused by the defendant's conduct or lack thereof. It usually includes a request for compensation for the victim's medical expenses as well as lost income, suffering and other damages related to their injuries.

The defendant is then given 30 days to file a reply which is referred to as an answer in which they either admit or deny the allegations contained in the complaint. They may also file counterclaims or add a third-party defendant to the suit.

During the discovery phase during the discovery phase, both sides will share relevant information about their positions and the evidence they have in the case. This includes depositions (also known as interrogatories) and written questions (also called interrogatories), as well as requests for documents. This is typically the major portion of the litigation timeline. If there are settlement possibilities that are available, they will be negotiated during this period. Otherwise the case will go to trial. During this time, your attorney will present your perspective before a judge or a jury and the defendant will put on their defense.

The Discovery Phase

Discovery is a formal procedure that allows you and your legal team to exchange information with the other party and collect evidence. This may include witness testimony or details of your medical treatment, and evidence of losses you've suffered. Your lawyer can also make use of several tools during discovery to aid your case, such as interrogatories and requests for documents and depositions. Requests for documents are requests to supply all relevant documentation that are within each party's control. Interrogatories require written responses. Requests for admission are written letters to the other party asking them to admit certain facts. This can save time and money since the attorneys don't have to prove their case in court. Depositions are live interviews with witnesses, where your attorney can ask them questions regarding the incident while under oath. Their responses will be recorded and then transcribed.

Although discovery can seem like a lengthy, intrusive and uncomfortable process, it is a necessary step to gather the evidence necessary to win your case. During your free consultation, your attorney can discuss the specifics of the discovery process. For instance, if try to hide a prior health issue that caused your injury to get worse it could be discovered in the process of discovery and then thrown out of your case.

The Negotiation Phase

Reaching a negotiated settlement is the primary goal in most injuries. This process usually involves an exchange of information back and forth between your lawyer and 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 help determine the best number to request for your settlement and assist in negotiations.

The amount of damage, which includes medical bills, lost wages and future losses, is a variable that is dynamic. Your injuries may worsen as time passes, which could increase your future losses, and reduce the amount of your current losses. Your lawyer will ensure that your damages are determined based on your current injuries as well as the probability of future recovery.

A lot of times insurance companies try to limit their payouts for claims by challenging certain elements of your case. This can delay settlement negotiations, but your lawyer has strategies to help you get through these challenges and reach the best possible outcome for your case. In some instances, the process of negotiating an agreement could be lengthy, sometimes even for years. Numerous factors influence the length of time that settlement negotiations last, but understanding what to expect can make the process less stressful and more effective for you.

The Trial Phase

The majority of injury cases are settled outside of court through settlement negotiations. If there is no resolution your lawyer might decide to go to trial. This can be a difficult, expensive and time-consuming process. It also requires the jury to decide whether the defendant is held accountable for your injuries, and how much money you are entitled to. Your lawyer should investigate your case to determine the circumstances surrounding your injuries, the amount of damages, injuries and costs.

At this moment, your lawyer will call witnesses and experts to testify, and present physical evidence such as documents, photographs and medical reports. This is the "case-in-chief" phase. The defense attorney will call witnesses to testify for argument against the plaintiff, and argue that plaintiffs should not be awarded damages. The judge or jury weighs the evidence and arguments of both parties.

The judge will then go over the legal requirements that must be met in order for the jury to come up with a verdict for the plaintiff and Injury lawyer against the defendant. This is referred to as jury instruction. Following that, each side will present their closing arguments. If the jury is unable to reach a consensus on a verdict then the judge declares a mistrial. If you are not happy with the outcome of your trial, there might be an appeal to be made.