Injury Litigation

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

Your lawyer will file your lawsuit. After the defendant responds, the case enters a fact-finding stage called discovery.

The Complaint

Before the lawsuit can be filed, the injured party (plaintiff) must conduct pre-lawsuit discovery. This includes reading police accident reports, conducting informal discovery and identifying potential liable parties.

The plaintiff can then file an order with a complaint. The complaint identifies the person who is being sued and describes the harm that was caused by the defendant's actions or lack thereof. It typically contains a request for compensation for medical bills, lost income, pain and suffering, and other damages arising from their injuries.

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

During the discovery phase in the discovery phase, both sides will exchange relevant information about their positions and the evidence in the case. This includes depositions (also known as interrogatories) and written questions (also called interrogatories), as well as requests for documents. This process usually occupies most of the time for the lawsuit. 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 attorney will be able to give your argument before a judge or a jury and the defendant will take on their defense.

The Discovery Phase

Discovery is a formal stage that allows you and your legal team to share information with the other party and collect evidence. It could include witness statements and details about your medical treatment, as well as evidence of losses you've suffered. Your attorney can utilize a variety of tools to assist you during discovery, including interrogatories and requests for documents. Interrogatories are written questions that require a written answer, while request for documents involves requesting all relevant documents that fall under the control of each party. Requests for admission are written demands to the other party, asking them to admit certain facts. This will save time and money as the attorneys do not need to prove the facts in court. Depositions are live interviews with witnesses. During these interviews, your attorney can ask them questions regarding the incident while under the oath. Their responses will be recorded and then transcribed.

Although it may seem like a long process that is invasive, uncomfortable and tedious but it's a crucial step to gather the evidence necessary to win your injury claim. Your attorney will be able to discuss the specifics of the discovery process with you during your free consultation. If you try to hide an injury that was already present and aggravated due to a medical condition that was already present This information could be found out during discovery and your case could be dismissed.

The Negotiation Phase

The majority of cases involving injuries aim to settle a case through negotiation. The process to achieve this goal usually 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 decide on a number to ask for your settlement and assist in negotiations.

The amount of damage, which includes medical bills, lost wages and future losses, is a factor that changes. The severity of your injuries could increase as time passes, which could increase your future losses, and reduce the amount of your current losses. Your lawyer will ensure that your damages are calculated based on your current injuries and the prognosis of the future recovery.

Insurance companies frequently try to limit their payout by arguing about certain aspects of your claim. This could delay settlement negotiations however, your lawyer can provide strategies to help you navigate these obstacles and get the best possible outcome for injury attorney your case. In certain cases, the process of negotiating an agreement could take months or even years. Numerous factors influence how long settlement negotiations will be, but knowing what to expect will make the process less stressful and more efficient for you.

The Trial Phase

Most cases of injury are resolved without court through settlement negotiations. However, if an agreement is not reached your lawyer might decide to proceed to trial. This can be a stressful costly and time-consuming process. The jury must also decide if you should be paid for your injuries and if so, how much. Your lawyer must thoroughly investigate your case to discover the circumstances surrounding your injuries, the severity of damages, injuries, and the costs.

Your attorney will now summon witnesses and experts, and will present physical evidence, including photographs, documents, and medical reports. This is the "case-in-chief" phase. The defense attorney will call witnesses to testify on behalf of a rebuttal, and argue that plaintiffs should not be awarded damages. The jury or judge considers the evidence and arguments of both sides.

The judge will explain to jurors the legal standards which must be met in order to decide in favor of plaintiff or against defendant. This is known as jury instruction. Each side then presents its closing arguments. If the jury is unable to agree on a verdict the judge will declare that the trial a mistrial. If you are not happy with the outcome of your trial, there may be a right to appeal.