Injury Litigation

Injuries litigation is the legal process which allows you to claim compensation for your losses and injuries. Your lawyer will use strong evidence to support your case. This includes eyewitness testimony, medical records defense counsel's statements, injury attorney defendant's testimony, and expert witness opinions.

Your lawyer will start the lawsuit. If the defendant does not respond and the case is moved to a fact-finding stage called discovery.

The Complaint

Before the lawsuit is filed, an injured person (plaintiff) must conduct pre-lawsuit discovery. This includes reading police accident reports, making informal discovery, and identifying potential defendants.

Once the plaintiff has done this, they are able to start a summons as well as a complaint. The complaint details the damages caused by the defendant's or his actions. It usually includes a request for compensation for medical expenses as well as lost income, pain and suffering, and other damages that result from their injury law firm.

The defendant is then given 30 days to file a response which is referred to as an answer in which they acknowledge or deny the allegations made in the complaint. They may also make counterclaims or include a third-party defendant in the suit.

During the discovery stage in the discovery stage, both parties exchange relevant information regarding their positions and evidence. This usually includes depositions, written questions (called interrogatories) and requests for documents. This process usually occupies most of the time for the lawsuit. If there are settlement options these will occur during this period. The case will go to trial if there's no settlement. During this period your lawyer will present your side of the story before a judge or jury and the defendant will defend themselves.

The Discovery Phase

Discovery is a formal stage that allows you and your legal team to share information with the other party and gather evidence. This could include witness testimony, details of the treatment you received from your doctor, and proof of losses you have suffered. Your lawyer may also employ several tools during discovery to help your case, including interrogatories, documents requests and depositions. Requests for documents are the requests to provide all relevant documentation that is under each party's control. Interrogatories require written responses. Requests for admissions ask the other party to acknowledge certain facts, which can reduce time and cost since the attorneys do not have to prove the facts uncontested in court. Depositions are live, in-person interviews with witnesses. Your attorney can ask them questions about the incident while under oath. Their responses will be recorded and transcribing.

Discovery may seem like an uncomfortable, long and invasive process, but it is essential to collect the evidence you need to win your injury claim. Your lawyer will be willing to go over the specifics of the discovery process with you during your no-cost consultation. For example, if you try to hide a prior condition that your injury attorney; click here for more info, worsened and this information is discovered in the process of discovery and dismissed from your case.

The Negotiation Phase

Most injury lawsuit cases aim to settle the case through negotiations. The process of reaching this goal typically involves a back-and-forth exchange between your lawyer and the 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 you in determining the amount of settlements you would like to demand and then help with negotiations.

The amount of damages, which includes medical bills, lost wages and future losses, is an aspect that is dynamic. Your injuries could worsen over time. This could cause further loss or reduce the value of current losses. Your lawyer will ensure that your damages are in line with the current condition of your injuries as well as a full prognosis for future recovery.

A lot of times, insurance companies are trying to limit their payout for claims by arguing against certain elements of your case. This can lead to a delay in settlement negotiations. However your lawyer has strategies to help you overcome these obstacles to get the best possible outcome for your case. Negotiating an agreement can sometimes take months or even years. Negotiations can last for months or even a whole year based on various factors.

The Trial Phase

Most injury cases are resolved outside of court through settlement negotiations. However, if a resolution is not reached your lawyer could decide to go to trial. This can be a difficult lengthy, costly and expensive process. The jury will also have to decide if you are paid for your injuries and in the event that they do, how much. Therefore, it is essential for your lawyer to conduct thorough research on your case at this stage to fully comprehend how you were injured and the extent of your injuries, the damages and costs.

Your lawyer will now call witnesses as well as experts and present physical evidence, such as photos documents, medical reports. This is known as the case-in-chief phase. The defense attorney will summon witnesses to testify and argue as to why the plaintiff shouldn't be awarded damages. The jury or judge will then review the evidence and arguments made by both parties.

The judge will explain to jurors the legal standards that must be met in order to decide in favor of plaintiffs or against defendants. This is known as jury instruction. Following that, each side will present their closing arguments. If the jury is unable to agree on a final verdict, the judge will declare the trial an unconstitutional trial. In some cases an appeal could be available if unhappy with the outcome of your trial.