Injury Litigation

The process of suing for injury lawsuit is a legal procedure through which you can claim compensation for your injuries and losses. Your injury attorney will build strong evidence in your case including eyewitness testimony, medical documentation testimony of the defendant, expert witness opinions.

Your lawyer will start the lawsuit. After the defendant has replied to your lawsuit, the case goes into a stage of fact-finding called discovery.

The Complaint

Before a lawsuit is filed the person who was injured (plaintiff), must conduct pre-lawsuit investigations. This includes reviewing accident reports and conducting informal discovery and identifying any potentially liable parties and possible legal remedies that can be brought against them.

The plaintiff is then able to file a summons along with a complaint. The complaint describes the harm caused by the defendant's action or his inaction. The typical complaint will include a demand for compensation for the victim's medical bills and lost income, as well as suffering and pain, and other damages arising from their injuries.

The defendant will then have 30 days to file a reply called an answer or answer, in which they accept or deny the allegations contained in the complaint. They can also add an additional defendant, or make a counterclaim.

During the discovery phase the parties will exchange pertinent information about their positions and evidence. This usually includes depositions, written questions (called interrogatories) and requests for documents. This usually accounts for the majority of the timeframe for a lawsuit. In this stage, if there are any settlement options that are discussed, they will be discussed. The case will then proceed to trial if there's no settlement. In this instance, your attorney will provide your perspective before a jury or judge and the defendant will take on their defense.

The Discovery Phase

The discovery phase is a formal process that permits your legal team and the at-fault party to exchange information and collect evidence. This can include witness statements, specifics about your medical treatment and proof of the losses that you have suffered. Your attorney can also use several different tools during discovery to help your case, such as interrogatories, documents requests and depositions. Interrogatories are written questions that require a written response, while request for documents require the submission of all relevant documents under the control of the parties. Requests for admissions require the other party to acknowledge certain facts, which can reduce time and cost since attorneys do not need to prove the facts uncontested in court. Depositions are live conversations with witnesses. During these interviews, your attorney can ask them questions regarding the incident under an oath. Their answers will be recorded and transcribed.

Discovery may appear to be an uncomfortable, long and invasive process, but it is necessary to gather the evidence you need to be successful in your claim for compensation. Your attorney will be in a position to discuss the details of the discovery process in your free consultation. For example, if you attempt to conceal a preexisting health issue that caused your injury to get worse, this information could be discovered in the process of discovery and then thrown out of your case.

The Negotiation Phase

The majority of cases involving injuries aim to settle a case through negotiation. 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 assist in determining the amount of settlements you would like to demand and then help with negotiations.

One of the issues with settling an injury law firms claim is that the amount of your damages including medical expenses loss of income, future losses - can be a volatile aspect. The severity of your injuries could increase over time, which could increase the amount of your future losses and reduce the value of your current losses. Your attorney will work to ensure that your damages are dependent on the current condition of your injuries and an accurate prognosis for your future recovery.

Insurance companies typically try to limit their payout by arguing about certain aspects of your claim. This can prolong settlement negotiations however, your lawyer can provide strategies to help you navigate these difficulties and achieve the most favorable outcome for your case. In some instances, the process of negotiating an agreement can be lengthy, sometimes even for years. There are many factors that affect the length of time that settlement negotiations last, but understanding what to expect can make the process less stressful and more efficient for injury attorney you.

The Trial Phase

Although the majority of injury cases are resolved through settlement negotiations, which are not in court, your attorney may decide to take your case to trial if a fair resolution cannot be reached. This can be a stressful costly and time-consuming process. The jury will also have to decide if you should be compensated for your injuries and, should they, if so, in what amount. It is therefore important for your lawyer to conduct a thorough investigation of your case in this phase to fully comprehend the nature of your injuries and the severity of your injuries, damages and costs.

Your lawyer will now call witnesses as well as experts and present physical evidence, including photographs or documents as well as medical reports. This is known as the case-in chief phase. The defense attorney will then call witnesses to testify in rebuttal and argue that the plaintiff should not be awarded damages. The judge or jury weighs the arguments and evidence of both parties.

The judge will explain to the jury the legal standards that must be adhered to in order for them to decide whether to go in favor of the plaintiff or against the defendant. This is referred to as jury instruction. Following that, each side will present their closing arguments. If the jury is unable reach a consensus then the judge declares a mistrial. If you are not happy with the result of your trial, there might be an appeal to be made.