injury law firm 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 prove your case, such as eyewitness testimony, medical documents, defendant's statements, and expert witness opinions.

Your lawyer will then file your lawsuit. After the defendant has replied to your lawsuit, the case goes into an investigation of facts, also known as discovery.

The Complaint

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

After the plaintiff has completed this, they are able to make a complaint and summons. The complaint outlines the harm caused by the defendant or his inaction. It typically contains a request for compensation for medical expenses, lost income, suffering and other damages that result from their injuries.

The defendant then has 30 days to file a reply, known as an answer in which they acknowledge or deny the allegations in the complaint. They may also make an appeal or add a third-party defendant to the suit.

During the discovery phase where both sides exchange relevant information about their positions and evidence in the case. This typically includes depositions, written questions (called interrogatories), and requests for documents. This typically comprises the most of the timeline for lawsuits. In this phase, if there are any settlement opportunities that are discussed, they will be discussed. If not the case will go to trial. During this time your attorney will be able to give your argument before a judge or a jury and the defendant will take on their defense.

The Discovery Phase

Discovery is a formal procedure that permits you and your legal team to exchange information with the other party and gather evidence. This can include witness statements, information about your medical treatment and proof of the expenses you've incurred. Your attorney may use a variety tools to aid you in discovery, including interrogatories as well as requests for documents. Interrogatories are written questions that require a written answer, while request for documents involve requesting all relevant documents that fall under the control of each party. Requests for admission are letters to the other party, Injury lawyers asking them to admit certain facts. This can cut down on time and cost as the attorneys do not need to prove the facts in court. Depositions are live conversations with witnesses in which your attorney can question them about the incident under oath, and have their answers recorded, and then transcribed by a court reporter.

Discovery may seem like an uncomfortable, long and intrusive process, but it is essential to gather the evidence required to prove your injury claim. Your lawyer will be able to discuss the specifics of the discovery process in your free consultation. If you try to hide a preexisting injury that worsened due to a medical condition that was already present, this information may be found out during discovery and your case could be thrown out.

The Negotiation Phase

Most injury cases aim to settle through negotiations. This process usually involves a exchange of back and between your lawyer and 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 decide on the number you want to demand your settlement and can then assist in negotiations.

The amount of damages, such as medical bills, lost wages and future loss, is a factor that is always changing. Your injuries could get worse over time, which could increase your future losses, and reduce the amount of your current losses. Your attorney will work to ensure that your damages are based on the current state of your injuries, and provide an accurate prediction of your future recovery.

Often insurance companies try to limit their payouts for claims by arguing against specific elements of your case. This can result in an inability to settle settlement negotiations. However your lawyer will have strategies to assist you in overcoming these obstacles to get the best possible outcome for your case. In certain cases, the process of negotiating an agreement could take months or even years. Numerous factors influence how long settlement negotiations last, but knowing the length to expect can make the process less stressful and more efficient for you.

The Trial Phase

While most Injury Lawyers cases are resolved through settlement negotiations outside of court, your lawyer may choose to take your case to trial if an acceptable resolution is not attainable. This can be a stressful costly and time-consuming procedure. The jury will also have to decide if you are paid for your injuries and should they, if so, in what amount. Therefore, it is essential for your lawyer to thoroughly research your case prior to the trial to fully comprehend the extent of your injuries, the extent of your injuries, damages and expenses.

At this moment, your lawyer will call witnesses and experts to testify, and provide evidence in the form of documents, photographs and medical reports. This is known as the case-in chief phase. The defense attorney will call witnesses to testify on behalf of a argument against the plaintiff, and argue that the plaintiff should not be entitled to damages. The judge or jury will then take into consideration the evidence and arguments offered by both sides.

The judge will explain to the jury the legal standards that must be followed in order for them to make a decision in favor of plaintiff or against defendant. This is referred to as jury instruction. Then, each side presents their closing arguments. If the jury is unable to agree on a verdict, the judge will declare that the trial an unconstitutional trial. If you're not satisfied with the results of your trial, there could be a right to appeal.