Injury Litigation

Legally, it is the procedure that allows you to recover compensation for your injuries and losses. Your injury attorney will build strong evidence in your case by utilizing eyewitness testimony, medical documents as well as statements of the defendant and expert witness opinions.

Your lawyer will bring your lawsuit. After the defendant has replied to your lawsuit, the case goes into the stage of fact-finding, which is known as discovery.

The Complaint

Before a lawsuit is filed the person who has been injured (plaintiff), must conduct an investigation prior to the filing of a lawsuit. This entails reviewing police accident reports and conducting informal discovery and identifying parties that could be liable and possible legal remedies that can be brought against them.

After the plaintiff has completed this, they are able to make a complaint and summons. The complaint outlines the harm caused by the defendant's actions or his inaction. It typically contains a request to seek damages for the victim's injuries including medical bills as well as lost wages along with pain and suffering and other damages.

The defendant will then have 30 days to file a reply which is referred to as an answer, in which they admit or deny the allegations contained in the complaint. They can also include an additional defendant, or file an appeal.

During the discovery phase, both parties will exchange pertinent information about their positions and the evidence. This typically involves depositions written questions (called interrogatories) and requests for documents. This usually takes up the majority of the timeline for a lawsuit. During this phase, injury attorney if there are any settlement possibilities they will be discussed. Otherwise the case will go to trial. In this instance the attorney will present your perspective to a judge or jury and the defendant will put on their defense.

The Discovery Phase

Discovery is a formal phase that allows you and your legal team to exchange information with the other party and gather evidence. This could include witness statements, specifics regarding your medical treatment, as well as proof of the damages you've suffered. Your lawyer can also make use of various tools during discovery to assist your case, including interrogatories and requests for documents and depositions. Requests for injury attorney documents are requests to provide all relevant documentation that is under each party's control. Interrogatories require written responses. Requests for admission are letters to the other party asking them to admit certain facts. This will save time and money as the attorneys don't need to prove the facts in court. Depositions are live discussions with witnesses, where your attorney can ask them questions regarding the incident under oath. Their answers will be recorded and then transcribed.

Discovery may appear to be an uncomfortable, long and tedious process, but it is essential to gather the evidence you need to win your injury claim. During your free consultation with your attorney, you can discuss the details of the discovery process. For example, if you attempt to conceal a preexisting condition that has caused your injury to worsen and this information is discovered in the process of discovery and then thrown out of your case.

The Negotiation Phase

The majority of injury cases seek to settle through negotiations. This process usually involves an 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 assist in deciding on the amount of settlements you would like to seek and assist in negotiations.

One of the difficulties of the process of settling an injury case is that the amount you are owed which includes medical bills, lost income, and future losses - is an evolving aspect. Your injuries may worsen over time, which could increase the amount of your future losses and reduce the value of your current losses. Your lawyer will ensure that damages are determined based on the severity of your injuries as well as the probability of the future recovery.

In many cases insurance companies attempt to limit their payout for claims by arguing against certain elements of your case. This can delay settlement negotiations however, your lawyer can provide strategies to help you get through these difficulties and achieve the most favorable outcome for your case. Negotiating a settlement can take months or years. Negotiations can take months or even years depending on a variety of factors.

The Trial Phase

Most cases involving injuries are resolved outside of court through settlement negotiations. If a resolution is not reached your lawyer could decide to take the case to trial. This can be a difficult, expensive and time-consuming process. The jury also has to decide whether the defendant should be accountable for your injuries, and the amount you should be awarded. Your lawyer must thoroughly research your case in order to understand the circumstances of your injuries, the severity of the injuries, damages and costs.

Your attorney will now summon witnesses as well as experts and present physical evidence, such as photographs or documents as well as medical reports. This is the "case-in-chief" phase. The defense attorney will summon witnesses to testify and argue as to why the plaintiff should not be awarded damages. The jury or judge weighs the evidence and arguments of both parties.

The judge will then outline the legal standards to be met in order for the jury to find in favor of the plaintiff and against the defendant. This is known as jury instruction. Each side will then present its closing arguments. If the jury cannot agree on a verdict, the judge will declare the trial a mistrial. If you are not happy with the outcome of the trial, there could be an appeal option.