Injury Litigation

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

Your lawyer will then start the lawsuit. Once the defendant has responded to the lawsuit, the case will move into the phase of fact-finding known as discovery.

The Complaint

Before the lawsuit is filed, an injured person (plaintiff) must conduct pre-lawsuit discovery. This involves studying the police accident reports, conducting informal discovery and identifying potential defendants.

Once the plaintiff has done this, they are able to start a summons as well as a complaint. The complaint details the damage caused by the defendant or his inaction. It typically contains a request for compensation for the victim's medical expenses and lost income, as well as pain and suffering, and other damages that result from their injury.

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

During the discovery phase in the discovery phase, both sides will exchange pertinent information regarding their respective positions and evidence in the case. This includes depositions (also known as interrogatories) as well as written questions (also called interrogatories), as well as requests for documents. This is usually the majority of the timeline for the lawsuit. In this phase, if there are any settlement possibilities, these will be discussed. In the event that there is no settlement the case will go to trial. During this period your lawyer will explain your story before a judge or jury and the defendant will defend themselves.

The Discovery Phase

Discovery is a formal process that permits you and your legal team to exchange information with the other party and collect evidence. It could include witness statements, details of your medical treatment, as well as evidence of the losses you've suffered. Your attorney can utilize a variety of tools to help you during discovery, including interrogatories and requests for documents. Interrogatories are written questions that require a response written and requests for documents require the submission of all relevant documents that fall under the control of each party. Requests for admission are written requests to the other side asking for their admission to certain facts. This could save time and money since attorneys do not have to prove their case at trial. Depositions are live interviews of witnesses where your attorney can inquire about the incident under oath. They will get their answers recorded, injury and then transcribed by a court reporter.

Discovery can be an uncomfortable, lengthy and intrusive process, but it is essential to collect the evidence required to prove your injury claim. During your free consultation with your attorney, you will be able discuss the specifics of the discovery process. If you attempt to conceal an injury that has already been aggravated due to a preexisting medical condition, this information may be discovered during the process of discovery and your case could be thrown out.

The Negotiation Phase

The negotiation of a settlement is the goal of most injuries. The process of achieving this goal typically involves a back-and-forth exchange between your lawyer and the responsible party's insurance company. 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 decide on a number to ask for your settlement and can then assist in negotiations.

The amount of damage, which includes medical bills, lost wages and future losses, is a factor that is constantly changing. Your injuries could get worse over time. This could cause further loss or reduce the value of your current losses. Your lawyer will ensure that your damages are in line with the current condition of your injuries and an accurate prognosis for your future recovery.

Most often, insurance companies are trying to limit their payouts for claims by arguing against some elements of your case. This could result in delay in settlement negotiations. However, your lawyer has strategies to help you overcome these obstacles and get the best possible outcome for your case. In some instances negotiations to reach an agreement could take months or even years. There are many factors that affect how long settlement negotiations last, but understanding what to expect can make the process easier and more efficient for you.

The Trial Phase

While most injury cases are resolved through settlement talks outside of the courtroom, your attorney could decide to take your case to trial if an acceptable resolution is not attainable. This is a stressful costly and time-consuming process. The jury must also decide if you are compensated for your injuries, and If so, what amount. Your lawyer must thoroughly investigate your case in order to understand the circumstances surrounding your injury, the extent of damages, injuries, and the costs.

Your attorney will now summon witnesses and experts and present evidence, like photographs documents, medical reports. This is the "case-in-chief" phase. The defense attorney will then call witnesses to testify and argue as to why the plaintiff shouldn't be awarded damages. The judge or jury then weighs the arguments and evidence of both parties.

The judge will explain to jurors the legal standards which must be met in order for them to decide whether to go in favor of the plaintiff or against the defendant. This is known as jury instruction. Each side will then present its closing arguments. If the jury cannot agree on a verdict and the judge decides to declare a mistrial. If you're not satisfied with the outcome of your trial, there may be a right to appeal.