Injury Litigation

The process of suing for injury is a legal procedure that allows you to recover compensation for your injuries and losses. Your injury attorney will build solid evidence in your case including eyewitness testimony, medical records, defendant statements and expert witness opinions.

Your lawyer will start the lawsuit. Once the defendant has responded then the case goes to an investigation stage, also known as discovery.

The Complaint

Before filing a lawsuit the person who suffered the injury (plaintiff), must conduct pre-lawsuit investigations. This involves reviewing police accident reports and conducting informal discovery and identifying potentially liable parties and possible causes of action that could be filed against them.

Once the plaintiff has done this, they are able to submit a summons and a complaint. The complaint details the damages caused by the defendant or his inaction. It typically includes a request for compensation for medical expenses and lost income, as well as suffering and other damages arising from their injuries.

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

During the discovery phase in the discovery phase, both sides will exchange relevant information about their positions and evidence in the case. This phase includes depositions (also known as interrogatories), written questions (also called interrogatories) and requests for documents. This typically comprises the majority of the timeframe for a lawsuit. If there are any settlement options that are discussed, they will be discussed. In the event that there is no settlement the case will go to trial. In this time your lawyer will present your story to a jury or judge and the defendant will defend themselves.

The Discovery Phase

Discovery is a formal stage that permits you and your legal team to exchange information with the other party and gather evidence. This can include witness testimony as well as details of your medical treatment, and evidence of the losses you've suffered. Your attorney can also use various tools during discovery to aid your case, such as interrogatories, requests for documents and depositions. Interrogatories are questions that require a written response and requests for documents involves requesting all relevant documentation under the control of the parties. Requests for admissions ask the other party to acknowledge certain facts. This can save time and money since the attorneys don't have to prove these uncontested facts in court. Depositions are live, in-person interviews with witnesses, where your attorney can ask them questions about the incident under an oath. Their answers will be recorded and transcribing.

Although discovery can seem like a long process that is invasive, uncomfortable and tedious however, it is an essential step to gather the evidence needed to win your case. Your attorney will be in a position to discuss the details of the discovery process with you during your no-cost consultation. For example, if you attempt to conceal a preexisting health issue that caused your injury law firm to get worse it could be discovered in the process of discovery and thrown out of your case.

The Negotiation Phase

The majority of injury attorneys cases seek to settle through negotiations. The process typically involves a back and with your lawyer and that of 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 decide on a number to ask for your settlement and assist in negotiations.

The amount of damages, which includes medical bills, lost wages and future losses, is an aspect that is always changing. Your injuries can get worse as time passes, which could increase your losses in the future and decrease the amount of your current losses. Your lawyer will ensure that your damages are determined based on the severity of your injuries and the prognosis of future recovery.

Insurance companies typically try to limit their payout by arguing against certain aspects of your claim. This could delay settlement negotiations, but your lawyer has strategies to help you overcome these challenges and reach the best possible outcome for your case. In certain cases, the process of negotiating an agreement could be lengthy, sometimes even for years. There are many factors that affect the length of time settlement negotiations last, but knowing the length to expect can make the process less stressful and more effective for you.

The Trial Phase

While the majority of cases involving injuries are resolved through settlement talks outside of court, your attorney may decide to take your case to trial if a fair resolution is not attainable. This can be a costly, time-consuming and stressful process. The jury must also decide if you should be compensated for your injuries, and injury attorney in the event that they do, how much. Therefore, it is essential for your lawyer to conduct a thorough investigation of your case at this point to fully understand the extent of your injuries and the extent of your injuries, damages and costs.

Your lawyer will now call witnesses and experts, and will present physical evidence, like photographs documents, medical reports. This is the "case-in-chief" phase. The defense attorney will call witnesses to testify in defense, and argue that plaintiffs should not be awarded damages. The jury or judge evaluates the arguments and evidence of both sides.

The judge will explain to the jury the legal requirements that must be followed in order to decide in the favor of plaintiffs or against defendants. This is referred to as jury instruction. Each side then presents its closing arguments. If the jury is unable agree on a verdict and the judge decides to declare a mistrial. If you are not happy with the outcome of your trial, there could be an appeal option.