Injury Litigation

Injuries litigation is the legal process that allows you to seek compensation for your injuries and losses. Your lawyer will use strong evidence to support your case, which includes eyewitness testimony, medical records as well as the statements of the defendant and expert witness opinions.

Your lawyer will then submit your lawsuit. After the defendant has responded to the lawsuit, the case will move into a stage of fact-finding called discovery.

The Complaint

Before a lawsuit is filed the person who was injured (plaintiff) must conduct a an investigation prior to filing a lawsuit. This entails reviewing police accident reports and conducting informal discovery and identifying any potentially liable parties and the possible causes of action that may be filed against them.

Once the plaintiff has done this, they can file a summons and complaint. The complaint details the damages caused by the defendant's or his inaction. It typically includes a request for compensation for the victim's medical bills, lost income, suffering and pain, as well as other damages arising from their injuries.

The defendant has 30 days to respond, also known as an answer. In this response, the defendant can admit or deny any allegations made in the complaint. They may also add third party defendants or make counterclaims.

During the discovery phase where both sides exchange relevant information about their respective positions and evidence in the case. This typically involves depositions written questions (called interrogatories) and requests for documents. This usually accounts for the most of the timeline for lawsuits. If there are any settlement possibilities that are discussed, they will be discussed. The case will then go to trial if there is no settlement. During this period your lawyer will explain your side of the tale before a judge or jury and the defendant will defend themselves.

The Discovery Phase

The discovery phase is a formal process that permits your legal team and the party at fault to exchange information and gather evidence. It could include witness statements as well as details of your medical treatment and evidence of losses you've suffered. Your attorney may also employ various tools in discovery to help your case, such as interrogatories, requests for documents and depositions. Requests for documents are the requests to supply all relevant documentation that are within each party's control. Interrogatories require written responses. Requests for admissions ask the other party to acknowledge certain facts. This could save time and money as lawyers do not have to prove these undisputed facts at trial. Depositions are live conversations with witnesses where your attorney can interview them about the incident under oath and get their answers recorded and transcribed by a court reporter.

Although it may seem like a lengthy unpleasant, time-consuming and uncomfortable process but it's a crucial step to gather the evidence necessary to win your case. During your consultation for free your attorney can discuss the specifics of the discovery process. If you try to hide an injury that has already been aggravated due to a medical condition that was already present This information could be discovered during discovery and your case could be thrown out.

The Negotiation Phase

Negotiating a settlement is the goal of most injuries. This usually involves an exchange of information back and with your lawyer and the insurer of the responsible party. 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 the amount of settlement you wish to negotiate and help in negotiations.

One of the issues with settlement of an injury claim is that the amount of your damages - including your medical bills, lost income, and future losses - is a constantly changing aspect. Your injuries can get worse over time, which may increase your losses in the future and decrease the amount of your current losses. Your attorney will ensure that damages are calculated based on your current injuries as well as the probability of future recovery.

Insurance companies often attempt to limit their payout by arguing about certain aspects of your claim. This can lead to a delay in settlement negotiations. However your lawyer can provide strategies to help you overcome these obstacles to get the best possible outcome for your case. Negotiating an agreement can sometimes take months or years. Negotiations can last for months or even a whole year based on a variety of factors.

The Trial Phase

While most injury attorneys cases are resolved through settlement talks outside of court, your attorney may decide to bring your case to trial if an acceptable resolution cannot be reached. This can be a stressful long, expensive and costly process. The jury also has to decide whether the defendant should be accountable for your injuries and the amount you should receive. It is crucial for your lawyer to thoroughly research your case in this phase to fully comprehend how you were injured and the extent of your injuries, damages and costs.

At this point, your attorney will call witnesses and experts to testify. They will also present evidence of physical nature, such as photographs, documents and medical reports. This is known as the "case-in-chief" phase. The defense attorney will call witnesses to testify in rebuttal and argue for the reasons why the plaintiff shouldn't be awarded damages. The jury or judge will then consider the evidence and arguments offered by both sides.

The judge will then go over the legal requirements that must be met for injured the jury to come up with a verdict for the plaintiff and against the defendant. This is called jury instruction. Afterwards, each side makes their closing arguments. If the jury is not able to agree on a verdict the judge will declare that the trial an unconstitutional trial. In some rare cases an appeal could be available if unhappy with the outcome of your trial.