Injury Litigation

Injuries litigation is the legal process that allows you to seek compensation for your injuries and losses. Your injury lawyer will develop strong evidence in your case by utilizing eyewitness testimony, defendant statements and expert witness opinions.

Your lawyer will then start the lawsuit. After the defendant has reacted to the suit, it moves to the stage of fact-finding, which is known as discovery.

The Complaint

Before the lawsuit can be filed, the injured person (plaintiff) must conduct pre-lawsuit discovery. This involves reading police accident reports, making informal discovery and identifying at-fault parties.

After the plaintiff has completed this, they can file a summons and complaint. The complaint details the damage caused by the defendant's or his actions. It typically includes a request for compensation for the victim's medical expenses as well as lost income, suffering and other damages that result from their injuries.

The defendant will then have 30 days to file a reply, known as an answer in which they acknowledge or deny the allegations made in the complaint. They can also file an appeal or include a third-party defendant in the suit.

During the discovery phase, both sides will exchange relevant information about their positions and the evidence in the case. This includes depositions (also called interrogatories) as well as written questions (also known as interrogatories) and requests for documents. This usually accounts for the majority of the lawsuit timeline. If there are settlement possibilities that are available, they will be negotiated during this time. Otherwise the case will proceed to trial. During this period the attorney will explain your case to a judge or jury and the defendant will take on their defense.

The Discovery Phase

Discovery is a formal procedure that allows you and your legal team to share information with the other party and collect evidence. This can include witness statements, specifics regarding your medical treatment, as well as proof of the damages you have incurred. Your attorney can also use several different tools during discovery to aid your case, such as interrogatories, requests for documentation and injury Law Firms depositions. Requests for documents are requests to supply all relevant documentation that is within the respective parties' control. Interrogatories require written responses. Requests for admissions require the other party to accept certain facts, which can help save time and money because the attorneys do not have to prove these facts in court. Depositions are live, in-person interviews with witnesses. Your attorney can ask them questions regarding the incident while under the oath. Their answers will be recorded and transcribed.

Although discovery can appear to be an lengthy unpleasant, time-consuming and uncomfortable process however, it is an essential step to gather the evidence required to win your injury law firms claim. During your free consultation, your attorney can discuss the details of the discovery process. If you attempt to conceal an injury law firm that has already been aggravated due to a preexisting medical condition, this information may be discovered during the process of discovery and your case could be thrown out.

The Negotiation Phase

Most injury cases aim to settle the case through negotiations. This process usually involves a exchange of back and forth between your lawyer and the insurer of the party who is 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 decide on a number to demand for your settlement and then assist in negotiations.

One of the issues with the process of settling an injury case is that the amount you are owed which includes medical bills, lost income, and future losses - is a dynamic factor. Your injuries may worsen over time, which could increase your future losses, and reduce the value of your current losses. Your attorney will ensure that damages are calculated based on your current injuries as well as the probability of the future recovery.

Insurance companies frequently attempt to limit their payout by disputing certain elements of your claim. This can delay settlement negotiations, but your lawyer has strategies to help you get through these difficulties and achieve the best possible outcome for your case. In some instances the process of negotiating an agreement can take months or even years. Negotiations can take months or even years based on many different factors.

The Trial Phase

Most cases of injury are resolved without court through settlement negotiations. If there is no resolution, your lawyer may decide to bring the case to trial. This is a costly lengthy, time-consuming and injury Law firms stressful procedure. The jury also has to decide if the defendant should be held liable for your injuries and the amount you should be awarded. Therefore, it is essential for your lawyer to thoroughly research your case at this point to fully understand the nature of your injuries and the extent of your injuries, damages and expenses.

Your lawyer will now call witnesses as well as experts and present physical evidence, such as photographs documents, medical reports. This is the "case-in-chief" phase. The defense attorney will then call witnesses to testify in rebuttal and argue as to why the plaintiff should not be awarded damages. The judge or jury then considers the arguments and evidence of both sides.

The judge will explain to the jury the legal requirements which must be met in order for them to decide whether to go in favor of plaintiff or against defendant. This is known as jury instruction. Each side then presents its closing arguments. If the jury fails to reach a decision then the judge declares a mistrial. If you're not satisfied with the result of your trial, there may be a right to appeal.