Injury Litigation

Injury litigation is a legal procedure through which you can claim compensation for your injuries and losses. Your injury attorney will build solid evidence for your case by utilizing eyewitness testimony, defendant statements and expert witness opinions.

Your lawyer will then begin to file your lawsuit. Once the defendant has responded then the case goes to a fact-finding stage called discovery.

The Complaint

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

The plaintiff may then file an accusation and summons. The complaint describes the harm caused by the defendant's actions or his actions. It typically includes a demand to seek damages for injuries suffered by the victim, including medical bills and lost wages along with pain and suffering and other damages.

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

During the discovery phase the parties will exchange relevant information regarding their positions and evidence. This usually includes depositions, written questions (called interrogatories), and requests for documents. This usually accounts for the majority of the timeframe for a lawsuit. During this phase, if there are any settlement possibilities they will be discussed. The case will then proceed to trial if there is no settlement. During this period the attorney will explain your case to a judge or jury and the defendant will take on their defense.

The Discovery Phase

Discovery is a formal phase that permits you and your legal team to share information with the other party and gather evidence. It could include witness statements, details regarding your medical treatment, and proof of the losses that you have suffered. Your attorney may also employ different tools during discovery to aid your case, including interrogatories and requests for documents and depositions. Interrogatories are written inquiries that require a written answer while requests for documents require the submission of all relevant documentation that is under the control of the parties. Requests for admissions require the other party to admit certain facts. This can reduce time and cost since the attorneys don't have to prove these uncontested facts during trial. Depositions are live, in-person interviews with witnesses. Your attorney can ask them questions about the incident under an oath. Their responses will be recorded and transcribed.

Discovery may seem like an uncomfortable, long and time-consuming process, however it is necessary to gather the evidence you need to win your injury claim. During your free consultation, your attorney will be able to discuss the details of the discovery process. For instance, if you try to hide a preexisting health issue that caused your injury to get worse it could be discovered in the process of discovery and dismissed from your case.

The Negotiation Phase

Most cases of injury aim to settle the case through negotiation. This usually involves an exchange of information back and forth between 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 help you choose the appropriate number to demand for your settlement, and then assist in negotiations.

The amount of damages, including medical bills, lost wages and future losses, is a factor that is always changing. Your injuries could worsen over time. This could lead to a rise in future losses or reduce the value of current losses. Your lawyer will ensure that damages are determined based on your current injuries and the prognosis of future recovery.

Often insurance companies are trying to limit their payouts for claims by arguing against some elements of your case. This can lead to delays in settlement negotiations. However your lawyer will have strategies that will assist you in overcoming these obstacles and achieve the best outcome for your case. In certain cases negotiations to reach an agreement could be lengthy, sometimes even for injury attorney years. Many factors affect the length of time settlement negotiations take, but knowing what to expect will make the process easier and more efficient for you.

The Trial Phase

The majority of injury cases are resolved without court through settlement negotiations. If an agreement is not reached your lawyer could decide to proceed to trial. It is a costly and time-consuming process that can be stressful. The jury must also decide if you are compensated for your injuries and, If so, what amount. Your lawyer should investigate your case to discover the circumstances of your injuries, the amount of injuries, damages, and costs.

Your attorney will then call witnesses as well as experts and present physical evidence, including photographs, documents, and medical reports. This is known as the "case-in-chief" phase. The defense attorney will summon witnesses to testify for defense, and argue that the plaintiff should not be entitled to damages. The jury or judge will then consider the evidence and arguments offered by both parties.

The judge will explain to jurors the legal standards which must be met in order to decide in favor of the plaintiff or against the defendant. This is known as jury instruction. Each side will then present its closing arguments. If the jury cannot reach an agreement on a verdict the judge will declare the trial an unconstitutional trial. If you're not satisfied with the results of the trial, there could be a right to appeal.