Injury Litigation

Injury litigation is a legal process by which you can seek compensation for your losses and losses. Your injury attorney will build strong evidence in your case that includes eyewitness testimony, defendant statements and expert witness opinions.

Your lawyer will then start the lawsuit. After the defendant has replied to the suit, it moves to an investigation of facts, also known as discovery.

The Complaint

Before a lawsuit is filed the person who was injured (plaintiff) must conduct a an investigation prior to filing a lawsuit. This includes looking over police accident reports, making informal discovery and identifying responsible parties.

After the plaintiff has completed this, they can make a complaint and summons. The complaint identifies who is the party who is being sued, and details the harm caused by the defendant's actions or inaction. It typically contains a request for compensation for injury attorney injuries suffered by the victim, including medical bills loss of wages along with pain and suffering and other damages.

The defendant is then given 30 days to file a response, known as an answer in which they acknowledge or deny the allegations in the complaint. They may also file a counterclaim or add a third-party defendant the suit.

During the discovery stage, both parties will exchange pertinent information about their positions and the evidence. This phase includes depositions (also called interrogatories) and written questions (also known as interrogatories), as well as requests for documents. This typically comprises the major portion of the litigation timeline. If there are any settlement options the possibility of settlement will be discussed. If not the case will proceed to trial. During this period, your attorney will tell your 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 gather evidence. It could include witness statements, information about your medical treatment and proof of the expenses you've suffered. Your attorney can utilize a variety of tools to assist you during discovery, such as interrogatories or requests for documents. Interrogatories are written queries that require a written answer while requests for documents involves requesting all relevant documentation under the control of the parties. Requests for admission require the other party to admit certain facts. This can reduce time and cost since lawyers do not have to prove these facts during trial. Depositions are live, in-person interviews with witnesses. Your attorney can ask them questions about the incident while under the oath. Their answers will be recorded and then transcribed.

Discovery may seem like an uncomfortable, lengthy and invasive process, but it is necessary to gather the evidence you need to be successful in your claim for compensation. Your attorney will be willing to go over the specifics of the discovery process in your free consultation. If you attempt to conceal a preexisting injury lawsuits that worsened due to a preexisting medical condition The information could be discovered during discovery and your case could be thrown out.

The Negotiation Phase

A settlement that is negotiated is the aim of the majority of lawsuits involving injuries. The process typically involves a back and between your lawyer and that of the responsible party's insurer. This may include informal conversations/correspondence (by phone, in meetings, by email) where the parties trade offers and counter-offers. Your lawyer can assist in deciding the amount of settlements you wish to negotiate and help with negotiations.

The amount of damages, such as medical bills, lost wages, and future losses, is a variable that is always changing. The severity of your injuries could increase as time passes, which could increase the amount of your future losses and reduce the amount of your current losses. Your attorney will ensure that your damages are determined based upon your current injuries and your prognosis for the future recovery.

Insurance companies often try to limit their payout by disputing certain elements of your claim. This can result in an inability to settle settlement negotiations. However, your lawyer can provide strategies to assist you in overcoming these obstacles and achieve the best possible result for your case. In certain cases negotiations to reach an agreement can take months or even years. There are many factors that affect the length of time that settlement negotiations take, but knowing what to expect can make the process easier and injury attorney more efficient for you.

The Trial Phase

Most cases involving injuries are resolved without court through settlement negotiations. If the resolution isn't reached the lawyer could decide to proceed to trial. It is a stressful, expensive and time-consuming procedure. It also requires the jury to decide if the defendant should be responsible for your injuries, and what amount of compensation you are entitled to. Your lawyer must thoroughly research your case to understand the circumstances surrounding your injuries, the amount of damages, injuries and the costs.

Your attorney will now call witnesses and experts, and will present physical evidence, like photographs documents, medical reports. This is known as the case-in chief phase. The defense attorney will call witnesses to testify in rebuttal and argue why the plaintiff shouldn't be awarded damages. The judge or jury weighs the evidence and arguments of both sides.

The judge will explain to the jury the legal standards that must be adhered to in order for them to decide in the favor of the plaintiff or against the defendant. This is known as jury instruction. Each side will then present its closing arguments. If the jury cannot reach an agreement on a final verdict, the judge will declare the trial an unconstitutional trial. If you are not happy with the outcome of your trial, there may be an appeal to be made.