injury attorneys Litigation

Injuries litigation is the legal process which allows you to claim compensation for your losses and injuries. Your injury attorney will build strong evidence for your case by utilizing eyewitness testimony, medical documents as well as statements of the defendant and expert witness opinions.

Your lawyer will begin the process of filing your lawsuit. Once the defendant has responded and the case is moved to an inquiry stage known as discovery.

The Complaint

Before a lawsuit is filed the person who suffered the injury (plaintiff), must conduct pre-lawsuit investigation. This includes looking over the police accident reports, conducting informal discovery and identifying potential liable parties.

Once the plaintiff has done this, they can file a summons and complaint. The complaint details the damage caused by the defendant or his inaction. It usually includes a request for compensation for the victim's injuries, including medical bills loss of wages, pain and suffering and other damages.

The defendant will then have 30 days to file a reply, known 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 the suit.

During the discovery stage during the discovery phase, both parties will share pertinent information about their positions and the evidence. This typically involves depositions written questions (called interrogatories) and requests for documents. This process usually occupies most of the time for a lawsuit. During this phase, if there are any settlement opportunities, these will be discussed. The case will then proceed to trial if there's no settlement. During this time, your attorney will give your case to a jury or judge and the defendant will take on their defense.

The Discovery Phase

The discovery phase is a formal procedure that permits your legal team and the party at fault to exchange information and collect evidence. This can include witness statements, specifics about your medical treatment and proof of the losses that you have suffered. Your attorney can utilize a variety of tools to help you during discovery, including interrogatories as well as requests for documents. Interrogatories are written queries that require a written response, while request for documents involve requesting all relevant documents that fall under the control of the parties. Requests for admission require the other party to acknowledge certain facts, which can reduce time and cost since the attorneys don't have to prove these uncontested facts at trial. Depositions are live interviews of witnesses where your attorney is able to ask them questions about the incident under oath and get their answers recorded and translated by a court reporter.

Although discovery can seem like a lengthy unpleasant, time-consuming and uncomfortable process, it is a necessary step to gather the evidence required to win your case. Your lawyer will be willing to go over the specifics of the discovery process in your free consultation. For instance, if you try to hide a preexisting health issue that caused your injury to get worse, this information could be discovered in the process of discovery and then thrown out of your case.

The Negotiation Phase

The negotiation of a settlement is the aim of the majority of injuries. The process for achieving this goal typically 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 assist you choose the appropriate number to ask for injury attorney your settlement and assist in negotiations.

The amount of damages, which includes medical bills, lost wages, and future losses, is an aspect that is dynamic. Your injuries could get worse over time. This could result in a rise in future losses or reduce the value of current losses. Your lawyer will ensure that your damages are determined by the current state of your injuries as well as an accurate prediction of your future recovery.

Insurance companies frequently attempt to limit the amount they pay by challenging certain elements of your claim. This could lead to a delay in settlement negotiations. However, your lawyer can provide strategies to assist you in overcoming these obstacles and get the best possible result for your case. In some cases, the process of negotiating an agreement can be lengthy, sometimes even for years. Negotiations can last for months or even a whole year based on many different factors.

The Trial Phase

The majority of injury cases are resolved without court through settlement negotiations. If there is no resolution, your lawyer may decide to proceed to trial. This can be a costly and time-consuming process that can be stressful. The jury also has to decide whether the defendant should be responsible for your injuries and how much money you should be awarded. It is therefore crucial for your lawyer to thoroughly investigate your case in this phase to fully understand how you were injured and the extent of your injuries, the damages and expenses.

At this point, your lawyer will summon witnesses and experts to testify. They will also provide evidence in the form of documents, photographs, and medical reports. This is known as the case-in chief phase. The defense attorney will then summon witnesses to testify in rebuttal and argue that the plaintiff should not be awarded damages. The judge or jury will then review the evidence and arguments presented by both parties.

The judge will then go over the legal requirements which must be followed for the jury to find for the plaintiff and against the defendant. This is referred to as jury instruction. Each side then presents its closing arguments. If the jury is unable to agree on a decision, the judge will declare that the trial is a mistrial. In some cases, an appeal may be available if you're not satisfied with the results of your trial.