Injury Litigation

Injury litigation is a legal procedure that allows you to get compensation for your injuries and losses. Your injury attorney will build solid evidence in your case, including eyewitness testimony, medical documentation in the form of defendant statements, expert witness opinions.

Your lawyer will then file your lawsuit. If the defendant does not respond to the lawsuit, the case moves to an inquiry stage known as discovery.

The Complaint

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

The plaintiff may then file a summons along with a complaint. The complaint identifies who is the party that is being sued and describes the harm caused by the defendant's actions or inaction. The typical complaint will include a demand for compensation for the victim's injuries including medical bills loss of wages as well as pain and suffering, among other damages.

The defendant will then have 30 days to file a response which is referred to as an answer or answer, in which they accept or deny the allegations in the complaint. They can also file counterclaims or add a third-party defendant to the suit.

During the discovery phase where both sides exchange pertinent information regarding their positions and the evidence in the case. This usually includes depositions, written questions (called interrogatories) and requests for documents. This phase usually takes up most of the time for the lawsuit. During this phase, if there are settlement opportunities 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 explain your side 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 at-fault party to exchange information and collect evidence. This may include witness testimony and details about your medical treatment, and evidence of the losses you've suffered. Your attorney can use several tools to assist you during discovery, including interrogatories as well as requests for documents. Interrogatories are written questions which require a response in writing while requests for documents require the submission of all relevant documents under the control of the parties. Requests for admission ask the other side to admit certain facts, which can reduce time and cost since the attorneys don't have to prove these undisputed facts during trial. Depositions are recorded interviews with witnesses in which your attorney can interview them about the incident under oath. have their answers recorded and transcribing by a court reporter.

Although discovery can seem like a long painful, invasive and uncomfortable process but it is an essential step to gather the evidence you need for winning your injury case. During your consultation for free, your attorney will be able discuss the specifics of the discovery process. For instance, if you try to hide a preexisting health issue that caused your injury attorney to get worse and this information is discovered in the process of discovery and dismissed from your case.

The Negotiation Phase

The majority of cases involving injuries aim to settle the case through negotiations. This process usually involves an exchange of back-and between your lawyer and 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 help determine the best number to request for your settlement and assist in negotiations.

One of the difficulties of the process of settling an injury case is that the amount you are owed including medical expenses as well as lost income and future losses - is a constantly changing factor. The severity of your injuries could increase over time, which could increase your future losses and decrease the value of your current losses. Your lawyer will ensure that damages are determined based on the severity of your injuries and the likelihood of future recovery.

In many cases insurance companies try to limit their payout for claims by challenging certain elements of your case. This could delay settlement negotiations but your lawyer will have strategies to help you overcome these obstacles and get the best possible outcome for your case. In some cases, the process of negotiating an agreement can take months or even years. Negotiations can take months or even a whole year based on various factors.

The Trial Phase

Most cases of injury are settled outside of court through settlement negotiations. However, if the resolution isn't reached your lawyer might decide to take the case to trial. This is a costly lengthy and time-consuming procedure that can be stressful. The jury will also have to decide if you are compensated for your injuries and, should they, if so, in what amount. Your lawyer must thoroughly research your case in order to understand the circumstances of your injuries, the severity of injuries, damages, and the costs.

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

The judge will then go over the legal requirements to be met in order for the jury to decide in favor of the plaintiff and against the defendant. This is known as jury instruction. Following that, each side will present their closing arguments. If the jury cannot reach an agreement on a decision, the judge will declare the trial an unconstitutional trial. If you're not satisfied with the results of your trial, there might be a right to appeal.