Injury Litigation

Legally, it is the process that allows you to collect compensation for your losses and injuries. Your injury attorney will build strong evidence in your case, including eyewitness testimony, medical records, defendant statements and expert witness opinions.

Your lawyer will then file your lawsuit. Once the defendant has responded then the case goes to the discovery phase, which is a process of finding facts.

The Complaint

Before a lawsuit can be filed, an injured person (plaintiff) must conduct pre-lawsuit discovery. This includes reviewing accident reports as well as conducting informal discovery and identifying parties that could be liable and injury attorney causes of action that could be filed against them.

The plaintiff then has the option of filing an order with a complaint. The complaint details the damages caused by the defendant or his actions. It usually includes a request for compensation for medical bills loss of income, suffering and pain, as well as other damages that result from their injury.

The defendant has 30 days to respond, which is also referred to as an answer. In this response, the defendant can accept or deny the allegations made in the complaint. They can also add a third party defendant or file an appeal.

During the discovery phase where both sides exchange relevant information about their positions and evidence in the case. This process includes depositions (also called interrogatories) as well as written questions (also called interrogatories), as well as requests for documents. This phase typically accounts for the majority of the lawsuit timeline. If there are settlement options that are available, they will be negotiated during this time. The case will then proceed to trial if there's no settlement. In this instance your lawyer will present your side of the story before a judge or a jury and the defendant will put on their defense.

The Discovery Phase

Discovery is a formal phase that permits you and your legal team to share information with the other party and collect evidence. This may include witness testimony or details of your medical treatment, as well as evidence of losses you've suffered. Your attorney can use several tools to help you during discovery, such as interrogatories and requests for documents. Requests for documents are essentially requests to provide all relevant documents that is within the respective parties' control. Interrogatories require written responses. Requests for admission are written requests to the other side asking them to accept certain facts. This will save time and money as the attorneys don't have to prove their case during trial. Depositions are live interviews with witnesses, where your attorney can ask them questions regarding the incident under an oath. Their responses will be recorded and transcribing.

While discovery may seem like a long painful, invasive and uncomfortable process however, injury attorney it is an essential step to gather the evidence you need for winning your injury case. During your free consultation your attorney will be able to discuss the details of the discovery process. If you try to hide an injury that was already present and aggravated due to a medical condition that was already present, this information may be found out during discovery and your case could be dismissed.

The Negotiation Phase

The majority of injury cases seek to settle the case through negotiations. The process to achieve 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 choose the appropriate number to request for your settlement and can then assist in negotiations.

The amount of damage, which includes medical bills, lost wages, and future losses, is a factor that changes. Your injuries may get worse over time. This could increase future losses or reduce the value of current losses. Your lawyer will ensure that your damages are dependent on the current condition of your injuries as well as an accurate prognosis for your future recovery.

Most often insurance companies are trying to limit their payout for claims by arguing against some elements of your case. This could lead to delay in settlement negotiations. However, your lawyer will have strategies that will assist you in overcoming these hurdles and obtain the best outcome for your case. The process of negotiating an agreement can take months or even years. Negotiations can take months or even years based on many factors.

The Trial Phase

Most cases of injury are settled outside of court through settlement negotiations. If an agreement is not reached your lawyer might decide to take the case to trial. It is a costly lengthy, time-consuming and stressful procedure. The jury must also decide if you are compensated for your injuries, and should they, if so, in what amount. Your lawyer must thoroughly research your case to determine the circumstances surrounding your injury, the extent of damages, injuries, and the costs.

At this point, your lawyer 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 call witnesses to testify on behalf of a counter argument, and argue that plaintiffs should not be awarded damages. The jury or judge will then consider the evidence and arguments made by both parties.

The judge will then explain the legal requirements to be met in order for the jury to decide in favor of the plaintiff and against the defendant. This is known as jury instruction. Then, each side presents their closing arguments. If the jury cannot reach an agreement on a final verdict, the judge will declare that the trial is an unconstitutional trial. If you are not happy with the results of your trial, there could be an appeal available.