Injury Litigation

The legal procedure which allows you to claim compensation for your losses and injuries. Your Injury Lawsuit attorney will build strong evidence in your case by utilizing eyewitness testimony as well as statements of the defendant and expert witness opinions.

Your lawyer will bring your lawsuit. Once the defendant has responded to the suit, it moves to the stage of fact-finding, which is known as discovery.

The Complaint

Before the lawsuit is filed, an injured party (plaintiff) must conduct pre-lawsuit discovery. This entails reviewing police accident reports, conducting informal discovery, and identifying potential liable parties and the possible causes of action that may be asserted against them.

The plaintiff may then file a summons along with a complaint. The complaint is a formal declaration of the party who is being sued. It also details the harm caused by the defendant's conduct or lack thereof. It typically includes a demand for compensation for the victim's injuries including medical bills, lost wages or income, as well as pain and other damages.

The defendant then has 30 days to file a reply or answer in which they either admit or deny the allegations contained in the complaint. They may also file an appeal or add a third party defendant to the suit.

During the discovery phase during the discovery phase, both sides will share relevant information about their positions and the evidence in the case. This typically includes depositions, written questions (called interrogatories) and requests for documents. This phase usually takes up the majority of the timeline for the lawsuit. If there are any settlement options the possibility of settlement will be discussed. The case will go to trial if there is no settlement. In this instance your attorney will be able to provide your perspective to a jury or judge and the defendant will take on their defense.

The Discovery Phase

The discovery phase is a formal process that permits your legal team and the party at fault to exchange information and gather evidence. It could include witness statements or injury lawsuit details of your medical treatment, and evidence of losses you've suffered. Your attorney can utilize a variety of tools to assist you during discovery, including interrogatories and requests for documents. Interrogatories are written inquiries that require a written response as well as requests for documents requires the submission of all relevant documents under the control of each party. Requests for admission require the other party to acknowledge certain facts. This can help save time and money because the attorneys do not have to prove these undisputed facts in court. Depositions are live recordings of witnesses where your attorney can interview them about the incident under oath and get their answers recorded and translated by a court reporter.

Although it may appear to be an lengthy unpleasant, time-consuming and uncomfortable process but it's a crucial step to gather the evidence required to win your injury claim. Your attorney will be willing to go over the specifics of the discovery process in your free consultation. For instance, if try to hide a preexisting condition that has caused your injury to worsen or aggravated, the information could be discovered during the discovery process and removed from your case.

The Negotiation Phase

The negotiation of a settlement is the goal of most lawsuits involving injuries. This process usually involves a exchange of back and to and back-and-forth between your lawyer as well as the insurer of the party who is responsible. This may include informal conversations/correspondence (by phone, in meetings, by email) where the parties trade offers and counter-offers. Your lawyer can assist you decide on the number you want to request for your settlement and assist in negotiations.

The amount of damage, which includes medical bills, lost wages, and future losses, is an aspect that changes. Your injuries can get worse over time. This could increase future losses or decrease the value of your current losses. Your lawyer will ensure that your damages are determined based on your current injuries and your prognosis for future recovery.

Insurance companies typically try to limit their payout by challenging certain elements of your claim. This can prolong settlement negotiations but your lawyer will have strategies to help you get through these difficulties and achieve the most favorable outcome for your case. Negotiating a settlement can take months or even years. Negotiations can last for months or even a whole year based on a variety of factors.

The Trial Phase

The majority of injury cases are resolved outside of court through settlement negotiations. If there is no resolution, your lawyer may decide to proceed to trial. This is a costly, time-consuming and stressful process. The jury also has to decide if the defendant should be held liable for your injuries and what amount of compensation you should receive. Your lawyer must thoroughly investigate your case to determine the circumstances of your injuries, the severity of the injuries, damages and the costs.

Your attorney will then call witnesses and experts and present physical evidence, injury lawsuit such as photos or documents as well as medical reports. This is the "case-in-chief" phase. The defense attorney will then summon witnesses to testify and argue that the plaintiff should not be awarded damages. The jury or judge decides on the arguments and evidence of both parties.

The judge will then explain the legal requirements to be met in order for the jury to rule in favor of the plaintiff and against the defendant. This is called jury instruction. Each side then presents its closing arguments. If the jury is unable to agree on a verdict, the judge will declare that the trial a mistrial. In rare instances an appeal could be available if not satisfied with the result of your trial.