Injury Litigation

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

Your lawyer will then submit your lawsuit. If the defendant does not respond then the case goes to an inquiry stage known as discovery.

The Complaint

Before filing a lawsuit the person who suffered the injury lawyer (plaintiff) must conduct a an investigation prior to filing a lawsuit. This includes reviewing accident reports as well as conducting informal discovery and identifying parties that could be liable and possible legal remedies that can be argued against them.

The plaintiff then has the option of filing an accusation and summons. The complaint is a formal declaration of the party who is being sued and describes the harm caused by the defendant's actions or inaction. It usually includes a request to recover damages for the victim's injuries, including medical bills loss of wages along with pain and suffering and other damages.

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

During the discovery stage the parties will exchange relevant information regarding their positions and evidence. This typically includes depositions, written questions (called interrogatories), and requests for documents. This usually accounts for the majority of the lawsuit timeline. If there are settlement possibilities, they will take place during this period. If not the case will go to trial. During this time your lawyer will present your side of the tale to a jury or judge and the defendant will defend themselves.

The Discovery Phase

The discovery phase is a formal procedure that permits your legal team and the party at fault to exchange information and gather evidence. This could include witness testimony or details of your medical treatment, and proof of losses you have suffered. Your lawyer may also employ different tools during discovery to aid your case, such as interrogatories and requests for documents and injury attorney depositions. Requests for documents are essentially requests to provide all relevant documentation that are within each party's control. Interrogatories require written responses. Requests for admission are written letters to the other party, asking them to admit certain facts. This could save time and money since the attorneys don't need to prove their claims in court. Depositions are live conversations with witnesses in which your attorney can interview them about the incident under oath. They will get their answers recorded and transcribed by a court reporter.

Discovery can be an uncomfortable, lengthy and time-consuming process, however it is essential to gather the evidence required to win your injury claim. During your consultation for free with your attorney, you will be able to explain the specifics of the discovery process. If you try to hide an injury attorney that has already been aggravated due to a preexisting medical condition, this information may be discovered during the process of discovery and your case could be dismissed.

The Negotiation Phase

The majority of cases involving injuries aim to settle a case through negotiation. This process usually involves an exchange of back-and forth between your lawyer and the insurer of the responsible party. 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 settlements you would like to request and assist with negotiations.

The amount of damages, which includes medical bills, lost wages, and future losses, is a factor that changes. Your injuries can get worse over time. This could result in a rise in future loss or reduce the value of your current losses. Your attorney will ensure that damages are determined based on your current injuries and injury attorney the likelihood of future recovery.

In many cases insurance companies attempt to limit their payout for claims by arguing against specific aspects of your case. This can result in an inability to settle settlement negotiations. However your lawyer can provide strategies to help you overcome these obstacles to get the best possible result for your case. Negotiating an agreement can sometimes take months or years. Negotiations can take months or even years depending on many factors.

The Trial Phase

Most cases involving injuries are resolved outside of court through settlement negotiations. If a resolution is not reached the lawyer could decide to proceed to trial. This is a stressful long, expensive and costly process. It also requires the jury to decide whether the defendant should be accountable for your injuries, and what amount of compensation you will receive. Your lawyer should investigate your case to discover the circumstances of your injuries, the amount of damages, injuries and the costs.

At this point, your lawyer will summon witnesses and experts to testify. They will also provide evidence in the form of photographs, documents and medical reports. This is the "case-in-chief" phase. The defense attorney will then summon witnesses to testify in rebuttal and argue as to why the plaintiff shouldn't be awarded damages. The jury or judge decides on the arguments and evidence of both sides.

The judge will then outline the legal requirements which must be followed for the jury to rule for the plaintiff and against the defendant. This is referred to as jury instruction. Each side will then present its closing arguments. If the jury cannot agree on a verdict then the judge declares a mistrial. In some cases appeals may be available if you're not satisfied with the results of your trial.