Injury Litigation

Legally, it is a procedure that allows you to get compensation for your injuries and losses. Your injury law firm attorney will build solid evidence for your case that includes eyewitness testimony, defendant statements and expert witness opinions.

Your lawyer will then submit your lawsuit. After the defendant has responded to your lawsuit, injury law firm the case goes into an investigation of facts, also known as discovery.

The Complaint

Before a lawsuit can be filed, an injured party (plaintiff) must conduct pre-lawsuit discovery. This entails reviewing police accident reports as well as conducting informal discovery and identifying parties that could be liable and legal remedies that can be filed against them.

Once the plaintiff has done this, they can submit a summons and a complaint. The complaint outlines the harm caused by the defendant's action or his inaction. It typically includes a request for compensation for the victim's medical expenses, lost income, suffering and pain, as well as other damages related to their injuries.

The defendant has 30 days to respond, also referred to as an answer. In this response, the defendant can admit or deny any claims made in the complaint. They can also add third party defendants or file an appeal.

During the discovery phase in the discovery phase, both sides will exchange pertinent information regarding their positions and evidence in the case. This involves depositions (also called interrogatories) and written questions (also called interrogatories) as well as requests for documents. This usually accounts for the major portion of the litigation timeline. In this phase, if there are any settlement possibilities, injury law firm these will be discussed. Otherwise the case will go to trial. During this time the attorney will present 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 procedure that permits your legal team and the party at fault to exchange information and collect evidence. This can include witness testimony, details of your medical treatment, and proof of losses you have suffered. Your attorney can utilize a variety of tools to aid you in discovery, including interrogatories and requests for documents. Interrogatories are written inquiries that require a response written as well as requests for documents require the submission of all relevant documents that fall under the control of the parties. Requests for admission are written letters to the other side asking them to admit certain facts. This could save time and money since the attorneys do not have to prove the facts in court. Depositions are live interviews with witnesses. Your attorney can ask them questions about the incident under an oath. Their answers will be recorded and transcribed.

While discovery may appear to be an lengthy process that is invasive, uncomfortable and tedious however, it is an essential step to gather the evidence needed to win your injury claim. During your free consultation your attorney will be able discuss the specifics of the discovery process. If you attempt to conceal an injury that is preexisting and has gotten worse 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

Most cases of injury aim to reach a settlement through negotiation. This usually involves a exchange of 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 help you in determining the amount of settlements you would like to seek and assist in negotiations.

The amount of damages, including medical bills, lost wages and future losses, is a variable that is dynamic. Your injuries may get worse over time. This could lead to a rise in future losses or reduce the value of current losses. Your lawyer will ensure that your damages are determined based upon your current injuries and the prognosis of future recovery.

Insurance companies frequently attempt to limit the amount they pay by disputing certain elements of your claim. 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 may be a lengthy process that can take months or years. Numerous factors influence how long settlement negotiations take, but knowing what to expect can make the process easier and more efficient for you.

The Trial Phase

Most injury law firm cases are settled outside of court through settlement negotiations. If the resolution isn't reached your lawyer might decide to take the case to trial. This can be a costly lengthy and time-consuming procedure that can be stressful. It also requires the jury to decide whether the defendant should be responsible for your injuries, and how much money you should be awarded. Your lawyer must thoroughly investigate your case to discover the circumstances surrounding your injuries, the amount of the injuries, damages and the costs.

Your attorney will now summon 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 call witnesses to testify in rebuttal and argue as to why the plaintiff should not be awarded damages. The judge or jury evaluates the arguments and evidence of both parties.

The judge will then discuss the legal standards that must be met for the jury to rule for the plaintiff and against the defendant. This is known as jury instruction. After that, both sides present their closing arguments. If the jury is unable to reach a consensus on a verdict and the judge decides to declare a mistrial. In some rare cases appeals may be available if not satisfied with the results of your trial.