injury lawsuits Litigation

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

Your lawyer will file your lawsuit. After the defendant has replied to the lawsuit, the case will move into an investigation of facts, also known as discovery.

The Complaint

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

Once the plaintiff has done this, they can file a summons and complaint. The complaint details the damages caused by the defendant or his actions. It typically includes a demand for compensation for the victim's injuries including medical bills, lost wages as well as pain and suffering, among other damages.

The defendant has 30 days to respond, also known as an answer. In this response, the defendant can admit or deny any claims made in the complaint. They may also add third party defendants or make a counterclaim.

During the discovery phase during the discovery phase, both sides will share relevant information about their positions and the evidence they have in the case. This process includes depositions (also known as interrogatories) and written questions (also called interrogatories) and requests for documents. This usually takes up the majority of the timeframe for the lawsuit. In this stage, if there are any settlement options, these will be discussed. The case will then proceed to trial if there is no settlement. In this instance your attorney will be able to give your side of the story before a jury or judge and the defendant will put on their defense.

The Discovery Phase

Discovery is a formal stage that allows you and your legal team to exchange information with the other party and gather evidence. It could include witness statements, details of your medical treatment, as well as evidence of losses you've suffered. Your lawyer can also make use of various tools during discovery to aid your case, such as interrogatories and requests for documents and depositions. Requests for documents are the requests to provide all relevant documents that is under each party's control. Interrogatories require written responses. Requests for admission require the other party to admit certain facts. This can reduce time and cost since attorneys do not need to prove these facts at trial. Depositions are live discussions with witnesses, where your attorney can ask them questions regarding the incident under an oath. Their answers will be recorded and transcribing.

Discovery may appear to be an uncomfortable, long and tedious process, but it is essential to collect the evidence you require to win your injury claim. During your free consultation the attorney will be able discuss the specifics of the discovery process. For instance, if you attempt to conceal a preexisting condition that has aggravated your injury, this information could be discovered in the process of discovery and removed from your case.

The Negotiation Phase

Reaching a negotiated settlement is the primary goal in most lawsuits involving injuries. The process for achieving this goal typically involves an exchange of information 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 assist you in determining the amount of settlement you wish to demand and then help with negotiations.

The amount of damages, which includes medical bills, lost wages and future loss, is a factor that changes. Your injuries can get worse over time, which could increase your future losses, and reduce the value of your current losses. Your lawyer will ensure that your damages are in line with the current condition of your injuries as well as an accurate prognosis for your future recovery.

A lot of times insurance companies attempt to limit their payouts for claims by arguing against some aspects of your case. This could lead to a delay in settlement negotiations. However your lawyer will have strategies to help you overcome these hurdles and obtain the best outcome for your case. In some cases the process of negotiating an agreement could be a long process that can take months or even years. Negotiations can take months or even years based on many factors.

The Trial Phase

Most injury law firms cases are resolved without court through settlement negotiations. However, if an agreement is not reached your lawyer might decide to bring the case to trial. This can be a stressful costly and time-consuming process. The jury will also have to decide if you should be compensated for your injuries and, If so, injury attorney what amount. It is crucial for your lawyer to thoroughly research your case in this phase to fully understand the nature of your injuries and the severity of your injuries, the damages and costs.

Your lawyer will now call witnesses and experts and present physical evidence, including photographs or documents as well as medical reports. This is the "case-in-chief" phase. The defense attorney will call witnesses to testify and argue for the reasons why the plaintiff shouldn't be awarded damages. The judge or jury 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 referred to 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 an unconstitutional trial. If you're not satisfied with the results of your trial, there might be a right to appeal.