Injury Litigation

Legally, it is a process that allows you to seek compensation for your losses and losses. Your injury attorney will build solid evidence for your case by utilizing eyewitness testimony, medical documents as well as statements of the defendant and expert witness opinions.

Your lawyer will file your lawsuit. After the defendant has responded to the suit, it moves to a stage of fact-finding called discovery.

The Complaint

Before a lawsuit can be filed, the injured party (plaintiff) must conduct pre-lawsuit discovery. This involves looking over the police accident reports, conducting informal discovery and identifying possible at-fault parties.

The plaintiff then has the option of filing an order with a complaint. The complaint identifies who is the party who is being sued, and details the harm caused by the defendant's actions or lack thereof. The typical complaint will include a demand for damages to compensate the victim for their injuries, including medical bills, lost wages as well as pain and suffering, among other damages.

The defendant will then have 30 days to file a reply which is referred to as an answer in which they acknowledge or deny the allegations in the complaint. They can also file an additional counterclaim or add a third party defendant to the suit.

During the discovery phase in the discovery phase, both sides will exchange relevant information about their positions and the evidence in the case. This phase includes depositions (also known as interrogatories) and written questions (also known as interrogatories) and requests for documents. This usually takes up the majority of the timeframe for a lawsuit. If there are settlement possibilities these will occur during this time. The case will proceed to trial if there's no settlement. 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

The discovery phase is a formal process that allows your legal team and the at-fault party to exchange information and collect evidence. This may include witness statements, details regarding your medical treatment, and proof of the losses you've suffered. Your attorney can use several tools to aid you in discovery, including interrogatories as well as requests for documents. Interrogatories are written queries that require a written answer and requests for documents involves requesting all relevant documents under the control of the parties. Requests for admissions require the other party to admit certain facts, injury attorney which can help save time and money because the attorneys do not have to prove these facts in court. Depositions are live conversations with witnesses, where the attorney can inquire about the incident under oath. They will get their answers recorded and transcribed by a court reporter.

Discovery may seem like an uncomfortable, long and time-consuming process, however it's necessary to collect the evidence needed to prove your injury claim. Your lawyer will be willing to go over the specifics of the discovery process in your free consultation. If you try to hide an injury that has already been aggravated due to a medical condition that was already present the information could be found out during discovery and your case could be thrown out.

The Negotiation Phase

Most cases of injury lawsuit aim to reach a settlement through negotiations. The process of achieving this goal typically involves a back-and-forth exchange 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 you in deciding on the number of settlement you wish to seek and assist with negotiations.

The amount of damages, which includes medical bills, lost wages and future losses, is a variable that is constantly changing. Your injuries may get worse over time. This could increase future losses or diminish the value of current losses. Your attorney will work to ensure that your damages are based on the current state of your injuries and an accurate prediction of your future recovery.

A lot of times, insurance companies are trying to limit their payouts for claims by arguing against certain elements of your case. This can lead to delays in settlement negotiations. However, your lawyer will have strategies to assist you in overcoming these obstacles and get the best outcome for your case. In some cases negotiations to reach an agreement could be a long process that can take months or even years. There are many factors that affect how long settlement negotiations will take, but knowing what to expect can make the process less stressful and more efficient for you.

The Trial Phase

While most injury cases are resolved through settlement negotiations, which are not in the courtroom, your attorney might choose to take your case to trial if an acceptable resolution is not reached. This is a costly lengthy, time-consuming and stressful procedure. The jury will also have to decide if you should be compensated for your injuries and, in the event that they do, how much. Your lawyer should investigate your case to discover the circumstances surrounding your injuries, the amount of the injuries, damages and costs.

Your attorney will then call witnesses and experts and present evidence, such as photos, documents, and medical reports. This is referred to as the case-in­-chief phase. The defense attorney will summon witnesses to testify in argument against the plaintiff and argue that plaintiffs shouldn't be awarded damages. The judge or jury then evaluates the evidence and arguments of both parties.

The judge will explain to the jury the legal requirements that must be met in order to decide in the favor of plaintiffs or against defendants. This is referred to as jury instruction. Each side will then present its closing arguments. If the jury is unable reach a consensus and the judge declares a mistrial. If you are not happy with the results of your trial, there could be an appeal available.