Injury Litigation

injury attorneys litigation is the legal procedure which allows you to claim compensation for your losses and injuries. Your injury attorney will build strong evidence in your case, including eyewitness testimony as well as statements of the defendant and expert witness opinions.

Your lawyer will file your lawsuit. When the defendant has responded to the lawsuit, the case moves to a fact-finding stage called discovery.

The Complaint

Before the lawsuit can be filed, the injured party (plaintiff) must conduct pre-lawsuit discovery. This involves reviewing the police accident reports, conducting informal discovery, and identifying potential liable parties.

The plaintiff may then file a summons along with a complaint. The complaint details the damage caused by the defendant or his actions. It typically contains a request for compensation for the victim's medical bills loss of income, suffering and pain, and other damages related to their injuries.

The defendant then has 30 days to file a reply, known as an answer or answer, injury attorney in which they accept or deny the allegations contained in the complaint. They may also file an additional counterclaim or add a third-party defendant to the suit.

During the discovery phase, both parties will exchange relevant information regarding their positions and evidence. This phase includes depositions (also known as interrogatories) and written questions (also called interrogatories) as well as requests for documents. This typically comprises the majority of the timeframe for a lawsuit. If settlement opportunities are available, they will take place during this time. Otherwise the case will proceed to trial. In this instance, your attorney will give your perspective to a jury or judge and the defendant will take on their defense.

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 statements, information about your medical treatment as well as proof of the damages you've suffered. Your attorney may use a variety tools to aid you in discovery, injury attorney including interrogatories and requests for documents. Requests for documents are essentially requests to supply all relevant documentation that is within the respective parties' control. Interrogatories require written responses. Requests for admission are letters to the other party asking them to accept certain facts. This will save time and cost as the attorneys don't have to prove the facts during trial. Depositions are live, in-person interviews with witnesses, where your attorney can ask them questions regarding the incident under oath. Their responses will be recorded and then transcribed.

Although discovery can appear to be a long painful, invasive and uncomfortable process but it's a crucial step to gather the evidence necessary to win your injury case. During your consultation for free with your attorney, you will be able to explain the specifics of the discovery process. For instance, if attempt to conceal a preexisting condition that your injury worsened it could be discovered in the process of discovery and dismissed from your case.

The Negotiation Phase

Most injury cases aim to settle through negotiation. This process usually involves an exchange of information back and between 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 demand your settlement and then assist in negotiations.

One of the biggest challenges in settling an injury claim is that the amount you are owed (including medical bills or lost income as well as future losses - can be a volatile aspect. Your injuries may get worse over time. This could lead to a rise in future loss or reduce the value of your current losses. Your lawyer will ensure that your damages are determined based upon your current injuries and the prognosis of the future recovery.

A lot of times insurance companies are trying to limit the amount they pay for claims by arguing against certain aspects of your case. This can lead to delay in settlement negotiations. However your lawyer will have strategies that will help you overcome these obstacles and achieve the best possible result for your case. In some instances, the process of negotiating an agreement could be a long process that can take months or even years. Negotiations can last for months or even years based on a variety of factors.

The Trial Phase

While most injury cases are resolved by settlement negotiations outside of court, your attorney may choose to take your case to trial if a fair resolution is not attainable. This is a stressful, expensive and time-consuming procedure. The jury must also decide if you should be compensated for your injuries and If so, what amount. Your lawyer should thoroughly investigate your case to discover the circumstances of your injuries, the amount of the injuries, damages and the costs.

At this point, your attorney will summon witnesses as well as experts to testify and provide evidence in the form of documents, photographs and medical reports. This is the "case-in-chief" phase. The defense attorney will call witnesses to testify for argument against the plaintiff, and argue that the plaintiff should not be entitled to damages. The judge or jury evaluates the arguments and evidence of both sides.

The judge will explain to jurors the legal standards that must be followed in order for them to decide in favor of plaintiffs or against defendants. This is known as jury instruction. Afterwards, each side makes their closing arguments. If the jury cannot agree on a verdict, the judge will declare a mistrial. In some cases appeals may be available if you are not satisfied with the results of your trial.