Injury Litigation

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

Your lawyer will then file your lawsuit. After the defendant has responded, the case moves into the stage of fact-finding, which is known as discovery.

The Complaint

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

After the plaintiff has completed this, they are able to make a complaint and summons. The complaint details the damages caused by the defendant's or his actions. The typical complaint will include a demand for compensation for the victim's medical expenses and lost income, as well as suffering and other damages that result from their injury.

The defendant has 30 days to respond, referred to as an answer. In this response, the defendant has the option to acknowledge or deny the allegations made in the complaint. They can also file counterclaims or add a third-party defendant the suit.

During the discovery phase in the discovery stage, both parties exchange relevant information regarding their positions and evidence. This usually involves depositions, written questions (called interrogatories), and requests for documents. This process usually occupies the majority of the timeframe for the lawsuit. If there are settlement options, they will take place during this time. If not the case will go to trial. During this time, your attorney will present your argument to a jury or judge and the defendant will take 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, details of your medical treatment, and proof of losses you have suffered. Your attorney can use several tools to help you during discovery, such as interrogatories or requests for documents. Requests for documents are requests to supply all relevant documentation that is under each party's control. Interrogatories require written responses. Requests for admission are written letters to the other side asking for them to acknowledge certain facts. This can cut down on time and money as the attorneys don't have to prove the facts in court. Depositions are live conversations with witnesses, where your attorney can ask them questions regarding the incident under an oath. Their answers will be recorded and transcribing.

Although discovery can appear to be an lengthy process that is invasive, uncomfortable and tedious, it is a necessary step to gather the evidence you need to win your case. Your lawyer will be capable of discussing the details of the discovery process with you during your free consultation. For instance, if you try to hide a preexisting condition that your injury worsened, this information could be discovered during the discovery process and then thrown out of your case.

The Negotiation Phase

Negotiating a settlement is the aim of the majority of lawsuits involving injuries. The process typically 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, injured 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 in negotiations.

One of the issues with the process of settling a claim for injury is that the amount you are owed - including your medical bills as well as lost income and future losses - can be a volatile factor. Your injuries may get worse over time. This could increase future loss or reduce the value of current losses. Your lawyer will ensure that your damages are in line with the current condition of your injuries as well as an accurate prognosis for your future recovery.

Most often insurance companies attempt to limit their payout for claims by arguing against specific elements of your case. This can prolong settlement negotiations however, your lawyer has strategies to help you overcome these challenges and reach the best possible outcome for your case. Negotiating an agreement may be a lengthy process that can take months or years. Negotiations can take months or even years based on a variety of factors.

The Trial Phase

While the majority of injuries cases are resolved through settlement talks outside of court, your attorney may decide to bring your case to trial if a satisfactory resolution is not attainable. This can be a costly, time-consuming and stressful process. The jury must also decide if you should be compensated for your injuries and, If so, what amount. It is therefore important for your lawyer to conduct a thorough investigation of your case prior to the trial to fully understand how you were injured, the extent of your injuries, damages and expenses.

Your attorney 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 call witnesses to testify and argue as to why the plaintiff shouldn't be awarded damages. The judge or jury evaluates the arguments and evidence of both sides.

The judge will explain to jurors the legal standards which must be met in order to decide in favor of plaintiff or against defendant. This is referred to as jury instruction. Each side then makes its closing arguments. If the jury is not able to agree on a final verdict, the judge will declare the trial a mistrial. If you're not satisfied with the results of the trial, there could be an appeal to be made.