injury law firms Litigation

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

Your lawyer will then submit your lawsuit. After the defendant has replied to the suit, it moves to an investigation of facts, also known as discovery.

The Complaint

Before a lawsuit is filed the person who suffered the injury (plaintiff) must conduct a pre-lawsuit investigation. This includes reviewing police accident reports as well as conducting informal discovery and identifying potentially liable parties and available causes of action that may be argued against them.

The plaintiff may then file an order with a complaint. The complaint describes the harm caused by the defendant's or his inaction. It typically includes a demand injury attorney to seek damages for the victim's injuries, including medical bills as well as lost wages or income, as well as pain and other damages.

The defendant has 30 days to respond, referred to as an answer. In this response, the defendant can admit or deny any allegations made in the complaint. They may also add an additional defendant from a third party or make an appeal.

During the discovery phase in the discovery phase, both sides will exchange relevant information about their positions and the evidence they have in the case. This usually involves depositions, written questions (called interrogatories) and requests for documents. This usually takes up the majority of the timeframe for a lawsuit. In this stage, if there are settlement opportunities, these will be discussed. Otherwise, the case will progress to trial. During this period your attorney will be able to provide your perspective before a judge or a jury and the defendant will put on their defense.

The Discovery Phase

The discovery phase is a formal procedure that allows your legal team and the party at fault to exchange information and collect evidence. This can include witness statements, specifics regarding your medical treatment, as well as proof of the damages you've incurred. Your lawyer can also make use of different tools in discovery to help your case, including interrogatories and requests for documents and depositions. Requests for documents are requests to provide all relevant documents that are within each party's control. Interrogatories require written responses. Requests for admission are written letters to the other party requesting them to admit certain facts. This will save time and money since the attorneys do not have to prove the facts at trial. Depositions are live interviews of witnesses where your attorney can interview them about the incident under oath, and get their answers recorded, and then transcribed by a court reporter.

Discovery can be an uncomfortable, lengthy and time-consuming process, however it is essential to collect the evidence needed to be successful in your claim for compensation. Your attorney will be willing to go over the specifics of the discovery process in your free consultation. If you try to hide an injury that is preexisting and has gotten worse due to a medical condition that was already present, this information may be discovered during the process of discovery and your case could be thrown out.

The Negotiation Phase

Most cases of injury aim to settle a case through negotiation. The process for achieving this goal typically involves a back-and-forth exchange between your lawyer and the responsible party's insurance company. This may include informal conversations/correspondence (by phone, in meetings, by email) where the parties trade offers and counter-offers. Your lawyer can help you in deciding on the number of settlement you wish to seek and assist in negotiations.

The amount of damages, including medical bills, lost wages and future losses, is a factor that is always changing. Your injuries can get worse over time. This could lead to a rise in future losses or reduce the value of current losses. Your attorney will work to ensure that your damages are dependent on the current condition of your injuries and a full prognosis for future recovery.

In many cases insurance companies attempt to limit their payout for claims by arguing against specific aspects of your case. This can lead to delays in settlement negotiations. However your lawyer can provide strategies to help you overcome these obstacles and achieve the best outcome for your case. Negotiating an agreement can sometimes be a lengthy process that can take months or years. Negotiations can take months or even years depending on many factors.

The Trial Phase

Most cases of injury are settled outside of court through settlement negotiations. However, if a resolution is not reached your lawyer might decide to take the case to trial. This is an expensive lengthy and time-consuming procedure that can be stressful. 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 determine the circumstances surrounding your injuries, the severity of damages, injuries and the costs.

At this point, your attorney will call witnesses as well as experts to testify and provide evidence physical such as documents, photos, and medical reports. This is known as the case-in chief phase. The defense attorney will then summon witnesses to testify in rebuttal and argue that the plaintiff should not be awarded damages. The jury or judge will then review the evidence and arguments presented by both parties.

The judge will then explain 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 final verdict, the judge will declare that the trial is an unconstitutional trial. If you are not happy with the outcome of your trial, injury attorney there could be an appeal to be made.