Injury Law firm Litigation

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

Your lawyer will file your lawsuit. Once the defendant has responded then the case goes to an inquiry stage known as discovery.

The Complaint

Before a lawsuit is filed the person who was injured (plaintiff), must conduct pre-lawsuit investigation. This involves reviewing the police accident reports, conducting informal discovery and identifying possible responsible parties.

The plaintiff is then able to file an order with a complaint. The complaint details the damages caused by the defendant or his inaction. It usually includes a request to recover damages for the victim's injuries, including medical bills loss of wages, pain and suffering and other damages.

The defendant is then given 30 days to file a reply called an answer or answer, in which they accept or deny the allegations made in the complaint. They can also file counterclaims or add a third-party defendant to the suit.

During the discovery phase during the discovery phase, both sides will share pertinent information regarding their positions and the evidence in the case. This involves depositions (also known as interrogatories) and written questions (also called interrogatories), as well as requests for documents. This process usually occupies the majority of the timeline for an action. In this stage, if there are any settlement possibilities the possibility of settlement will be discussed. If not the case will proceed to trial. During this period the attorney will give your case before a jury or judge and the defendant will put on their defense.

The Discovery Phase

The discovery phase is a formal process that allows your legal team and the party at fault to exchange information and collect evidence. It could include witness statements, information regarding your medical treatment, and proof of the losses you've suffered. Your attorney may use a variety tools to help you during discovery, such as interrogatories or requests for documents. Requests for documents are the requests to supply all relevant documentation that is under each party's control. Interrogatories require written responses. Requests for admissions require the other side to admit certain facts, which can save time and money since attorneys do not need to prove these facts at trial. Depositions are live conversations with witnesses, where your attorney can ask them questions about the incident while under an oath. Their answers will be recorded and then transcribed.

Discovery can be an uncomfortable, lengthy and intrusive process, but it is essential to gather the evidence you require to be successful in your claim for compensation. Your attorney will be able to discuss the specifics of the discovery process with you during your free consultation. For instance, if you try to hide a preexisting health issue that caused your injury lawsuit to get worse, this information could be discovered during the discovery process and dismissed from your case.

The Negotiation Phase

Negotiating a settlement is the goal of most lawsuits involving injuries. This process usually involves a exchange of back and between your lawyer and that of the insurance company of the party responsible. 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 amount of settlements you would like to negotiate and help with negotiations.

The amount of damages, which includes medical bills, lost wages and future losses, is a variable that is dynamic. Your injuries can get worse over time, which could increase your future losses and decrease the value of your current losses. Your attorney will work to ensure that your damages are based on the current state of your injuries and an accurate prediction of your future recovery.

Insurance companies frequently attempt to limit their payout by arguing against certain aspects of your claim. This can delay settlement negotiations however, your lawyer can provide strategies to help you get through these issues and get the most favorable outcome for your case. Negotiating an agreement may take a long time or even years. Negotiations can take months or even years depending on many factors.

The Trial Phase

The majority of injury cases are settled outside of court through settlement negotiations. If the resolution isn't reached, your lawyer may decide to go to trial. This is a stressful costly and injury law firm time-consuming process. It also requires the jury to decide whether the defendant is responsible for your injuries and the amount you should receive. Your lawyer should thoroughly investigate your case to discover the circumstances of your injuries, the severity of the injuries, damages and the costs.

At this point, your lawyer will call witnesses and experts to testify, and present evidence of physical nature, such as photographs, documents and medical reports. This is known as the case-in-chief phase. The defense attorney will then summon witnesses to testify and argue as to why the plaintiff should not be awarded damages. The jury or judge considers the arguments and evidence of both sides.

The judge will then outline the legal requirements to be met in order for the jury to rule in favor of the plaintiff and against the defendant. This is known as jury instruction. Each side then gives its closing arguments. If the jury is not able to agree on a verdict, the judge will declare that the trial a mistrial. If you're not satisfied with the results of your trial, there may be a right to appeal.