Injury Litigation

The legal procedure that allows you to collect compensation for your injuries and losses. Your lawyer for injury will construct solid evidence in your case that includes eyewitness testimony, medical records testimony of the defendant, expert witness opinions.

Your lawyer will bring your lawsuit. After the defendant responds then the case goes to the discovery phase, which is a process of finding facts.

The Complaint

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

The plaintiff then has the option of filing a summons along with a complaint. The complaint is a formal declaration of the party that is being sued and describes the harm that was caused by the defendant's actions or inaction. The typical complaint will include a demand to recover damages for the victim's injuries including medical bills loss of wages along with pain and suffering and other damages.

The defendant has 30 days to respond, also 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 an appeal or add a third party defendant to the suit.

During the discovery phase during the discovery phase, both sides will share pertinent information regarding their respective positions and evidence in the case. This typically involves depositions written questions (called interrogatories) and requests for documents. This typically comprises the majority of the timeframe for a lawsuit. If there are settlement opportunities these will occur during this period. In the event that there is no settlement the case will proceed to trial. In this instance the attorney will explain 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 Aurora Injury Law Firm your legal team to share information with the other party and gather evidence. This can include witness testimony and details about the treatment you received from your doctor, and evidence of losses you've suffered. Your lawyer can also make use of different tools during discovery to help your case, including interrogatories, documents requests and depositions. Interrogatories are written inquiries that require a written answer as well as requests for documents require the submission of all relevant documentation that is under the control of each party. Requests for admission ask the other side to admit certain facts, which can save time and money since attorneys do not need to prove these undisputed facts in court. Depositions are live interviews of witnesses, where the attorney can question them about the incident under oath. They will have their answers recorded, and then transcribed by a court reporter.

Discovery may seem like an uncomfortable, long and intrusive process, but it's necessary to collect the evidence needed to win your aurora Injury Law Firm claim. Your lawyer will be capable of discussing the details of the discovery process with you during your no-cost consultation. If you try to hide an injury that was already present and aggravated due to a preexisting medical condition the information could be discovered during the process of discovery and your case could be thrown out.

The Negotiation Phase

Most injury cases aim to reach a settlement through negotiation. This usually involves an exchange of information back and between your lawyer and 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 you decide on the number you want to demand for your settlement and can then assist in negotiations.

One of the biggest challenges in the process of settling an injury case is that the amount of your damages which includes medical bills or lost income as well as future losses - is a constantly changing factor. Your injuries could worsen over time. This could result in a rise in future losses or diminish the value of current losses. Your lawyer will ensure that your damages are calculated based on your current injuries and the likelihood of the future recovery.

Insurance companies usually try to limit their payout by arguing against certain aspects of your claim. This could lead to delay in settlement negotiations. However, your lawyer can provide strategies to assist you in overcoming these obstacles to get the best outcome for your case. In some cases, the process of negotiating an agreement could be lengthy, sometimes even for years. Negotiations can take months or even years depending on various factors.

The Trial Phase

Although the majority of injury lawsuit cases are resolved through settlement negotiations outside of court, your attorney may decide to take your case to trial if a fair resolution is not reached. It is a stressful long, expensive and costly process. It also requires the jury to decide whether the defendant should be held accountable for your injuries and how much money you are entitled to. Your lawyer must thoroughly research your case to understand the circumstances of your injuries, the severity of the injuries, damages and the costs.

Your attorney will now summon witnesses and experts and present physical evidence, such as photographs, documents, and medical reports. This is known as the case-in chief phase. The defense attorney will call witnesses to testify as a defense, and argue that plaintiffs shouldn't be awarded damages. The jury or judge will then consider the evidence and arguments put forward by both sides.

The judge will explain to the jury the legal requirements that must be adhered to in order for them to make a decision in favor of plaintiffs or against defendants. This is referred to as jury instruction. After that, both sides present their closing arguments. If the jury is unable to reach a consensus and the judge declares a mistrial. If you are not happy with the results of the trial, there could be an appeal to be made.