Injury Litigation

The process of suing for injury is a legal procedure that allows you to seek compensation for your losses and losses. Your injury lawyer will develop strong evidence in your case, including eyewitness testimony, medical documents testimony of the defendant, expert witness opinions.

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

The Complaint

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

The plaintiff may then file an accusation and summons. The complaint identifies the party who is being sued. It also exposes the harm caused by the defendant's actions or lack thereof. It typically includes a demand for compensation to compensate the victim for their injuries, including medical bills loss of wages or income, as well as pain and other damages.

The defendant has 30 days to respond, which is also referred to as an answer. In this response, the defendant can admit or deny any claims made in the complaint. They may also file counterclaims 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 includes depositions, written questions (called interrogatories) and requests for documents. This phase usually takes up most of the time for the lawsuit. In this phase, if there are any settlement possibilities they will be discussed. In the event that there is no settlement the case will proceed to trial. In this time your lawyer will present your side of the story before a judge or jury 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 collect evidence. This can include witness statements, details regarding your medical treatment, and proof of the expenses you've incurred. Your attorney will have access to a variety of tools to help you during discovery, such as interrogatories and requests for documents. Interrogatories are written inquiries that require a response written, while request for documents involves requesting all relevant documents under the control of each party. Requests for admission are written demands to the other party asking for them to acknowledge certain facts. This can save time and money since the attorneys don't have to prove the facts in court. Depositions are live conversations with witnesses. Your attorney can ask them questions regarding the incident under an oath. Their answers will be recorded and injury lawsuit then transcribed.

Discovery may appear to be an uncomfortable, long and intrusive process, but it is essential to collect the evidence needed to win your injury lawsuit (additional reading) claim. Your attorney will be in a position to discuss the details of the discovery process with you during your free consultation. For instance, if attempt to conceal a preexisting condition that has aggravated your injury, this information could be discovered in the process of discovery and dismissed from your case.

The Negotiation Phase

Reaching a negotiated settlement is the goal of most lawsuits involving injuries. This process usually involves a back and with your lawyer and the insurance company of the party 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 in determining the amount of settlements you wish to request and assist with negotiations.

The amount of damage, which includes medical bills, lost wages and future losses, is an aspect that is dynamic. Your injuries can get worse over time. This could cause further losses or reduce the value of your current losses. Your lawyer will ensure that your damages are in line with the current condition of your injuries and a complete outlook for future recovery.

In many cases insurance companies try to limit their payouts for claims by challenging certain aspects of your case. This can prolong settlement negotiations but your lawyer will have strategies to help you navigate these difficulties and achieve the best possible outcome for your case. Negotiating an agreement may take months or even years. Numerous factors influence how long settlement negotiations last, but understanding what to expect can make the process less stressful and more effective for you.

The Trial Phase

While most injury cases are resolved through settlement talks outside of the courtroom, your attorney could choose to take your case to trial if an acceptable solution is not reached. It is a stressful long, expensive and costly procedure. The jury also has to decide if the defendant should be accountable for your injuries and how much money you will receive. Your lawyer should investigate your case to determine the circumstances of your injury, the extent of the injuries, damages and the costs.

At this stage, your attorney will summon witnesses and experts to testify, and provide evidence physical such as photographs, documents and medical reports. This is the "case-in-chief" phase. The defense attorney will summon witnesses to testify for injury lawsuit rebuttal and argue that the plaintiff should not be entitled to damages. The judge or jury considers the arguments and evidence of both parties.

The judge will then go over the legal standards that must be met for the jury to rule for the plaintiff and against the defendant. This is called jury instruction. Then, each side presents their closing arguments. If the jury fails to reach a decision, the judge will declare a mistrial. In rare instances appeals might be available if you're not satisfied with the result of your trial.