Injury Litigation

Injury litigation is the legal process which allows you to claim compensation for your losses and injuries. Your injury attorney will build strong evidence for your case including eyewitness testimony testimony of the defendant, expert witness opinions.

Your lawyer will start the lawsuit. After the defendant has replied to the suit, it moves to a stage of fact-finding called discovery.

The Complaint

Before the lawsuit is filed, an injured party (plaintiff) must conduct pre-lawsuit discovery. This involves reading police accident reports, conducting informal discovery and identifying possible at-fault parties.

Once the plaintiff has done this, they are able to file a summons and complaint. The complaint identifies the party who is being sued. It also details the harm caused by the defendant's actions or inaction. The typical complaint will include a demand for compensation for the victim's medical expenses as well as lost income, pain and suffering, and other damages related to their injuries.

The defendant will then have 30 days to file a response or answer in which they acknowledge or deny the allegations in the complaint. They may also include an additional defendant from a third party or make an appeal.

During the discovery stage the parties will exchange pertinent information about their positions and evidence. This involves depositions (also known as interrogatories) and written questions (also known as interrogatories) as well as requests for documents. This phase usually takes up most of the time for a lawsuit. If settlement opportunities are available that are available, they will be negotiated during this period. The case will then go to trial if there's no settlement. During this time, your attorney will give your case to a judge or jury and the defendant will put 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. It could include witness statements, specifics regarding your medical treatment, and evidence of the losses that you have suffered. Your lawyer can also make use of several tools during discovery to assist your case, such as interrogatories and requests for documents and depositions. Requests for documents are the requests to provide all relevant documents which is within each party's control. Interrogatories require written responses. Requests for admission require the other party to admit certain facts. This could save time and money since attorneys do not need to prove the facts uncontested at trial. Depositions are live conversations with witnesses, where the attorney can interview them about the incident under oath, and get their answers recorded and transcribing by a court reporter.

Discovery may appear to be an uncomfortable, long and invasive process, but it is essential to gather the evidence you need to be successful in your claim for compensation. During your consultation for free with your attorney, you will be able to discuss the details of the discovery process. For instance, if try to hide a preexisting condition that your injury worsened it could be discovered in the process of discovery and removed from your case.

The Negotiation Phase

The negotiation of a settlement is the primary goal in most lawsuits involving injuries. This process usually involves an exchange of information back and forth between your lawyer and the responsible party's insurer. 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 in determining the amount of settlements you wish to demand and then help with negotiations.

One of the biggest challenges in settling an injury claim is that the amount you are owed which includes medical bills or lost income as well as future losses - is a dynamic factor. Your injuries could get worse over time. This could cause further losses or reduce the value of current losses. Your attorney will ensure that your damages are determined based on your current injuries and your prognosis for the future recovery.

Often insurance companies attempt to limit their payouts for claims by arguing against some elements of your case. This could delay settlement negotiations however, your lawyer has strategies to help you overcome these difficulties and achieve the best possible outcome for your case. Negotiating an agreement can sometimes take months or years. Numerous factors influence how long settlement negotiations will last, but knowing the length to expect will make the process less stressful and more efficient for you.

The Trial Phase

Although the majority of injury cases are resolved by settlement negotiations outside of the courtroom, your attorney might decide to bring your case to trial if a fair resolution is not reached. This can be a costly and time-consuming process that can be stressful. The jury must also decide if you are compensated for your injuries, and should they, if so, in what amount. It is crucial for your lawyer to conduct a thorough investigation of your case at this stage to fully understand how you were injured and the extent of your injuries, the damages and expenses.

At this point, your attorney will call witnesses as well as experts to testify and present physical evidence such as photographs, documents and medical reports. This is the "case-in-chief" phase. The defense attorney will call witnesses to testify for counter argument and injury attorney argue that the plaintiff should not be entitled to damages. The jury or judge will then consider the evidence and arguments offered by both sides.

The judge will then outline the legal requirements that must be met in order for the jury to rule in favor of the plaintiff and against the defendant. This is known as jury instruction. Then, each side presents their closing arguments. If the jury is unable to agree on a verdict and the judge declares a mistrial. In some cases an appeal could be available if you are not satisfied with the results of your trial.