injury lawsuit Litigation

Injuries litigation is a legal procedure that allows you to claim compensation for your injuries and losses. Your injury attorney will build solid evidence in your case that includes eyewitness testimony, medical documents, defendant statements and expert witness opinions.

Your lawyer will then submit your lawsuit. Once the defendant has responded and the case is moved to a fact-finding stage called discovery.

The Complaint

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

Once the plaintiff has done this, they are able to file a summons and complaint. The complaint identifies the person who is being sued and describes the harm that was caused by the defendant's actions or inaction. It typically includes a request for compensation for medical bills and lost income, as well as suffering and other damages resulting from their injury.

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

During the discovery phase, both sides will exchange relevant information about their respective positions and evidence in the case. This typically includes depositions, written questions (called interrogatories), and requests for documents. This phase typically accounts for the most of the timeline for lawsuits. If there are settlement possibilities that are available, they will be negotiated during this period. Otherwise, the case will progress to trial. During this period your lawyer will present your side of the story before a judge or jury and the defendant will defend themselves.

The Discovery Phase

Discovery is a formal phase that allows you and injury attorney your legal team to exchange information with the other party and gather evidence. It could include witness statements, details of the treatment you received from your doctor, and evidence of losses you've suffered. Your lawyer may also employ various tools in discovery to help your case, such as interrogatories and requests for documents and depositions. Interrogatories are written questions which require a response in writing and requests for documents require the submission of all relevant documentation under the control of each party. Requests for admissions require the other side to admit certain facts, which can save time and money since attorneys do not need to prove these uncontested facts at trial. Depositions are live interviews with witnesses, where your attorney can ask them questions about the incident under the oath. Their responses will be recorded and transcribing.

Discovery may seem like an uncomfortable, lengthy and invasive process, but it's necessary to collect the evidence required to win your injury law firms claim. During your free consultation the attorney will be able discuss the specifics of the discovery process. For example, if you attempt to conceal a preexisting condition that your injury worsened and this information is discovered during the discovery process and thrown out of your case.

The Negotiation Phase

The negotiation of a settlement is the aim of the majority of lawsuits involving injuries. The process of achieving this goal typically involves an exchange of information between your lawyer and the 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 in deciding on the amount of settlement that you want to demand and then help with negotiations.

The amount of damages, including medical bills, lost wages, and future losses, is an aspect that changes. Your injuries may worsen as time passes, which could increase your future losses, and reduce the value of your current losses. Your lawyer will ensure that damages are determined based on your current injuries and the prognosis of future recovery.

Most often insurance companies attempt to limit the amount they pay for claims by arguing against certain aspects of your case. This could delay settlement negotiations however, your lawyer has strategies to help you navigate these challenges and reach the best possible outcome for your case. In certain cases the process of negotiating an agreement could take months or even years. Negotiations can last for several months or even years, depending on many factors.

The Trial Phase

Most cases involving injuries are settled outside of court through settlement negotiations. If an agreement is not reached your lawyer could decide to bring the case to trial. This is an expensive, time-consuming and stressful process. The jury also has to decide whether the defendant should be held liable for your injuries, and what amount of compensation you will receive. Your lawyer must thoroughly research your case in order to understand the circumstances of your injuries, the severity of damages, injuries, and costs.

At this point, your attorney will summon witnesses and experts to testify and present physical evidence such as documents, photographs and medical reports. This is the "case-in-chief" phase. The defense attorney will then summon witnesses to testify and argue why the plaintiff shouldn't be awarded damages. The jury or judge will then look at the evidence and arguments put forward by both sides.

The judge will explain to jurors the legal standards that must be adhered to in order to decide in favor of plaintiff or against defendant. This is referred to as jury instruction. Each side then gives its closing arguments. If the jury cannot reach an agreement on a final verdict, the judge will declare that the trial a mistrial. If you are not happy with the result of your trial, there may be an appeal to be made.