Injury Litigation

The legal procedure which allows you to claim compensation for your injuries and losses. Your injury attorney will build strong evidence in your case including eyewitness testimony, defendant statements and expert witness opinions.

Your lawyer will file your lawsuit. After the defendant has replied to your lawsuit, the case goes into a stage of fact-finding called discovery.

The Complaint

Before filing a lawsuit the person who has been injured (plaintiff) must conduct a pre-lawsuit investigations. This includes reviewing police accident reports and conducting informal discovery and identifying any potentially liable parties and causes of action that could be argued against them.

After the plaintiff has completed this, they can make a complaint and summons. The complaint details the damage caused by the defendant's actions or his actions. The typical complaint will include a demand for compensation for medical expenses loss of income, suffering and pain, as well as other damages arising from their injury.

The defendant has 30 days to respond, also referred to as an answer. In this response, the defendant can admit or deny any allegations made in the complaint. They may also file a counterclaim 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 the majority of the timeline for an action. If settlement opportunities are available, they will take place during this time. The case will then proceed to trial if there's no settlement. During this period your attorney will be able to present your argument to a judge or jury 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 collect evidence. This may include witness statements, information regarding your medical treatment, and proof of the expenses you've incurred. Your attorney may also employ various tools during discovery to aid your case, such as interrogatories, requests for documents and depositions. Requests for documents are requests to provide all relevant documents which is within each party's control. Interrogatories require written responses. Requests for admission are written letters to the other side asking for them to acknowledge certain facts. This will save time and cost as the attorneys do not have to prove their case during trial. Depositions are live interviews with witnesses, where your attorney can ask them questions regarding the incident while under oath. Their responses will be recorded and transcribing.

Although it may seem like a long unpleasant, time-consuming and uncomfortable process, it is a necessary step to gather the evidence you need to win your injury lawsuit claim. Your attorney will be able to discuss the specifics of the discovery process with you during your free consultation. If you attempt to conceal an injury that was already present and aggravated due to a preexisting medical condition the information could be found out during discovery and your case could be dismissed.

The Negotiation Phase

The negotiation of a settlement is the primary goal in most injuries. This usually involves a exchange of back and 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 help you in deciding the amount of settlement you wish to negotiate and help with negotiations.

The amount of damages, which includes medical bills, lost wages and future losses, is a variable that is always changing. Your injuries could worsen over time. This could cause further loss or reduce the value of your current losses. Your attorney will work to ensure that your damages are in line with the current condition of your injuries and a complete outlook for future recovery.

Most often insurance companies try to limit their payout for claims by arguing against some aspects of your case. This can delay settlement negotiations, injury attorney but your lawyer has strategies to help you navigate these obstacles and get the most favorable outcome for your case. Negotiating a settlement can be a lengthy process that can take months or years. Negotiations can take months or even a whole year based on many different factors.

The Trial Phase

Most cases involving injuries are resolved without court through settlement negotiations. If an agreement is not reached the lawyer could decide to go to trial. This is an expensive lengthy, time-consuming and stressful procedure. It also requires the jury to decide whether the defendant should be held liable for your injuries, and what compensation you are entitled to. Your lawyer should investigate your case to understand the circumstances surrounding your injuries, the severity of the injuries, damages and costs.

Your lawyer will now call witnesses and experts, and will present physical evidence, such as photos documents, medical reports. This is the "case-in-chief" phase. The defense attorney will summon witnesses to testify as a counter argument, injury attorney and argue that the plaintiff should not receive damages. The judge or jury will then look at the evidence and arguments put forward by both sides.

The judge will explain to jurors the legal standards which must be met in order to decide in favor of plaintiffs or against defendants. This is called jury instruction. Each side then presents its closing arguments. If the jury cannot agree on a decision, the judge will declare that the trial is a mistrial. If you're not satisfied with the outcome of the trial, there could be an appeal to be made.