Injury Litigation

The process of suing for injury is a legal procedure through which you can seek compensation for your losses and losses. Your injury attorney will build strong evidence in your case including eyewitness testimony, medical documentation as well as statements of the defendant and expert witness opinions.

Your lawyer will bring your lawsuit. Once the defendant has responded to the suit, it moves to the phase of fact-finding known as discovery.

The Complaint

Before a lawsuit can be filed, the injured party (plaintiff) must conduct pre-lawsuit discovery. This includes reviewing accident reports, conducting informal discovery, and identifying any potentially liable parties and the possible legal remedies that can be filed against them.

After the plaintiff has completed this, they are able to submit a summons and a complaint. The complaint describes the harm caused by the defendant or his inaction. It typically contains a request for compensation for the victim's medical expenses loss of income, suffering and pain, as well as other damages arising from their injuries.

The defendant has 30 days to respond, referred to as an answer. In this response, the defendant is able to accept or deny the allegations made in the complaint. They can also include a third party defendant or make a counterclaim.

During the discovery phase, both parties will exchange pertinent information about their positions and the evidence. This involves depositions (also called interrogatories) as well as written questions (also known as interrogatories), as well as requests for documents. This phase typically accounts for the majority of the lawsuit timeline. If there are any settlement options that are discussed, they will be discussed. The case will go to trial if there is no settlement. During this time your lawyer will explain your story before a judge or jury and the defendant will defend themselves.

The Discovery Phase

Discovery is a formal process that permits you and your legal team to exchange information with the other party and gather evidence. This may include witness testimony and details about your medical treatment, and proof of losses you have suffered. Your attorney may use a variety tools to help you during discovery, injury attorney including interrogatories and requests for documents. Interrogatories are questions which require a response in writing and requests for documents involves requesting all relevant documents under the control of each party. Requests for admission ask the other party to acknowledge certain facts, which can save time and money as the attorneys don't have to prove the facts uncontested at trial. Depositions are live, in-person interviews with witnesses. Your attorney can ask them questions regarding the incident under the oath. Their answers will be recorded and transcribing.

Discovery may seem like an uncomfortable, long and invasive process, but it is necessary to gather the evidence required to win your injury claim. Your attorney will be able to discuss the specifics of the discovery process with you during your complimentary consultation. For example, if you attempt to conceal a preexisting health issue that caused your injury to get worse and this information is discovered during the discovery process and dismissed from your case.

The Negotiation Phase

Negotiating a settlement is the goal of most injuries. The process of achieving this goal is usually 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 help decide on a number to demand your settlement and assist in negotiations.

The amount of damages, including medical bills, lost wages and future losses, is an aspect that is always changing. Your injuries may get worse over time. This could cause further losses or decrease the value of current losses. Your attorney will ensure that damages are calculated based on your current injuries and the prognosis of future recovery.

In many cases insurance companies attempt to limit the amount they pay for claims by arguing against certain aspects of your case. This can lead to delay in settlement negotiations. However, your lawyer has strategies to help you overcome these obstacles and achieve the best outcome for injury attorney your case. Negotiating an agreement may be a lengthy process that can take months or years. Negotiations can last for months or even years based on a variety of factors.

The Trial Phase

Although the majority of injury attorneys cases are resolved through settlement negotiations outside of the courtroom, your attorney might decide to bring your case to trial if a satisfactory resolution cannot be reached. This can be a stressful long, expensive and costly process. The jury must also decide if you are compensated for your injuries and, in the event that they do, how much. It is crucial for your lawyer to conduct thorough research on your case at this point to fully understand the nature of your injuries and the severity of your injuries, the damages and expenses.

At this point, your attorney will summon witnesses and experts to testify. They will also present evidence of physical nature, such as documents, photos, and medical reports. This is the "case-in-chief" phase. The defense attorney will then summon witnesses to testify and argue as to why the plaintiff should not be awarded damages. The jury or judge will then consider the evidence and arguments offered by both sides.

The judge will explain to jurors the legal standards that must be followed in order to decide in favor of the plaintiff or against the defendant. This is referred to as jury instruction. Afterwards, each side makes their closing arguments. If the jury is unable reach a decision then the judge declares a mistrial. If you are not happy with the outcome of your trial, there could be an appeal available.