Injury Litigation

Injuries litigation is a legal process by which you can claim compensation for your injuries and losses. The lawyer representing you will utilize strong evidence to prove your case, firms including eyewitness testimony, medical documents as well as the statements of the defendant and expert witness opinions.

Your lawyer will then begin to file your lawsuit. After the defendant responds then the case goes to an investigation stage, also known as discovery.

The Complaint

Before a lawsuit can be filed, an injured party (plaintiff) must conduct pre-lawsuit discovery. This involves reviewing police accident reports and conducting informal discovery and identifying potentially liable parties and the possible causes of action that can be filed against them.

The plaintiff may then file a summons with a complaint. The complaint details the damages caused by the defendant's or his actions. The typical complaint will include a demand for compensation for the victim's medical expenses, lost income, suffering and other damages related to their injury.

The defendant then has 30 days to file a reply or answer, in which they admit or deny the allegations made in the complaint. They may also file a counterclaim or include a third-party defendant in the suit.

During the discovery phase in the discovery phase, both sides will exchange pertinent information regarding their respective positions and evidence in the case. This typically includes depositions, written questions (called interrogatories), and requests for documents. This is usually the majority of the timeframe for an action. During this phase, if there are any settlement possibilities they will be discussed. The case will go to trial if there's no settlement. In this time 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 procedure that allows your legal team and the at-fault party to exchange information and collect evidence. This can include witness statements, information about your medical treatment and proof of the losses that you have suffered. Your lawyer may also employ various tools in discovery to help your case, including interrogatories, documents requests and depositions. Requests for documents are essentially requests to provide all relevant documents that are within each party's control. Interrogatories require written responses. Requests for admission are letters to the other party asking them to admit certain facts. This can save time and cost as the attorneys don't need to prove their claims in court. Depositions are live conversations with witnesses, where the attorney can question them about the incident under oath. They will get their answers recorded and transcribing by a court reporter.

Although it may seem like a lengthy painful, invasive and uncomfortable process but it's a crucial step to gather the evidence required for winning your injury case. Your attorney will be willing to go over the specifics of the discovery process with you during your complimentary consultation. For instance, if try to hide a preexisting condition that your injury worsened or aggravated, the information could be discovered during the discovery process and thrown out of your case.

The Negotiation Phase

The majority of injury cases seek to settle a case through negotiations. The process for achieving this goal is usually 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 determine the best number to request for your settlement and then assist in negotiations.

The amount of damage, which includes medical bills, lost wages and future loss, is a factor that is constantly changing. Your injuries can get worse over time, which could increase your losses in the future and decrease the amount of your current losses. Your lawyer will ensure that your damages are determined by the current state of your injuries, and provide an accurate prediction of your future recovery.

Most often insurance companies attempt to limit their payout for claims by arguing against specific elements of your case. This can delay settlement negotiations but your lawyer will have strategies to help you get through these challenges and firms reach the most favorable outcome for your case. Negotiating an agreement may take months or years. Negotiations can take several months or even years, depending on various factors.

The Trial Phase

Most cases involving injuries are settled outside of court through settlement negotiations. However, if a resolution is not reached your lawyer could decide to proceed to trial. This is a stressful lengthy, costly and expensive 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. It is crucial for your lawyer to conduct thorough research on your case at this stage to fully understand the way you were injured, the extent of your injuries, the damages and costs.

Your attorney will now summon witnesses and experts and present physical evidence, such as photographs, documents, and medical reports. This is known as the case-in-chief phase. The defense attorney will summon witnesses to testify on behalf of a defense, and argue that plaintiffs should not be awarded damages. The judge or jury will then look at the evidence and arguments presented by both parties.

The judge will explain to the jury the legal standards that must be adhered to in order to decide whether to go in favor of plaintiffs or against defendants. This is referred to as jury instruction. Each side then presents its closing arguments. If the jury cannot reach an agreement on a decision, the judge will declare that the trial is a mistrial. In some cases appeals might be available in the event that you are unhappy with the outcome of your trial.