injury law firm Litigation

Legally, it is the process which allows you to claim compensation for your losses and injuries. Your injury attorney will build solid evidence for your case, including eyewitness testimony, medical records in the form of defendant statements, expert witness opinions.

Your lawyer will then start the lawsuit. When the defendant has responded and the case is moved to a fact-finding stage called discovery.

The Complaint

Before the lawsuit can be filed, the injured party (plaintiff) must conduct pre-lawsuit discovery. This involves looking over the police accident reports, conducting informal discovery and identifying liable parties.

The plaintiff then has the option of filing a summons with a complaint. The complaint identifies the party who is being sued, and describes the harm caused by the defendant's actions or lack thereof. It typically includes a demand for compensation for the victim's injuries including medical bills, lost wages, pain and suffering and lawsuit other damages.

The defendant will then have 30 days to file a reply which is referred to as an answer, in which they admit or deny the allegations made in the complaint. They may also file an additional counterclaim or include a third-party defendant in the suit.

During the discovery phase in the discovery phase, both sides will exchange relevant information about their positions and evidence in the case. This involves depositions (also called interrogatories) and written questions (also known as interrogatories) and requests for documents. This usually accounts for the most of the timeline for lawsuits. If settlement opportunities are available these will occur during this period. The case will proceed to trial if there is no settlement. During this time the attorney will present your side of the story to a jury or judge and the defendant will defend themselves.

The Discovery Phase

Discovery is a formal process that permits you and your legal team to share information with the other party and gather evidence. This may include witness statements, information about your medical treatment as well as proof of the damages that you have suffered. Your lawyer can also make use of different tools during discovery to assist your case, such as interrogatories, documents requests and depositions. Requests for documents are essentially requests to provide all relevant evidence that is within the respective parties' control. Interrogatories require written responses. Requests for admission are written demands to the other party, asking for them to acknowledge certain facts. This can cut down on time and cost as the attorneys do not have to prove the facts in court. Depositions are live conversations with witnesses, where the attorney can interview them about the incident under oath. have their answers recorded and transcribing by a court reporter.

While discovery may appear to be an lengthy unpleasant, time-consuming and uncomfortable process however, it is an essential step to gather the evidence required for winning your injury case. Your lawyer will be able to discuss the specifics of the discovery process with you during your complimentary consultation. For example, if you attempt to conceal a preexisting condition that your injury worsened it could be discovered in the process of discovery and dismissed from your case.

The Negotiation Phase

Most injury cases aim to settle the case through negotiations. The process of achieving this goal is usually a back-and-forth exchange between your lawyer and the 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 help you in deciding on the amount of settlement that you want to seek and assist with negotiations.

One of the biggest challenges in the process of settling a claim for injury is that the amount of your damages (including medical bills loss of income, future losses - is an evolving factor. Your injuries could worsen over time. This could result in a rise in future losses or decrease the value of current losses. Your attorney will work to ensure that your damages are dependent on the current condition of your injuries, and provide a full prognosis for future recovery.

Insurance companies frequently try to limit their payout by arguing against certain aspects of your claim. This can result in delays in settlement negotiations. However your lawyer will have strategies to help you overcome these obstacles and achieve the best possible result for your case. The process of negotiating an agreement can be a lengthy process that can take months or years. Negotiations can last for several months or even years, depending on many factors.

The Trial Phase

Most cases of injury are settled outside of court through settlement negotiations. However, if there is no resolution the lawyer could decide to bring the case to trial. This can be a costly lengthy and time-consuming procedure that can be stressful. The jury will also have to decide if you should be compensated for your injuries and, if so, how much. Your lawyer must thoroughly investigate your case to understand the circumstances surrounding your injury, the extent of damages, injuries, and the costs.

Your lawyer will now call witnesses and experts, and will present physical evidence, like photographs documents, medical reports. This is known as the case-in-chief phase. The defense attorney will summon witnesses to testify in argument against the plaintiff, and argue that the plaintiff should not be entitled to damages. The jury or judge considers the arguments and evidence of both parties.

The judge will explain to jurors the legal standards that must be followed in order to make a decision in favor of plaintiff or against defendant. This is known as jury instruction. Afterwards, each side makes their closing arguments. If the jury cannot reach a consensus and the judge decides to declare a mistrial. If you are not happy with the results of your trial, there may be a right to appeal.