Injury Litigation

Injuries litigation is a legal process that allows you to get compensation for your injuries and losses. The lawyer representing you will utilize strong evidence to prove your case, which includes eyewitness testimony, medical records as well as the statements of the defendant and expert witness opinions.

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

The Complaint

Before the lawsuit can be filed, an injured party (plaintiff) must conduct pre-lawsuit discovery. This includes reviewing accident reports, conducting informal discovery, and identifying potentially liable parties and possible causes of action that may be argued against them.

After the plaintiff has completed this, they can file a summons and complaint. The complaint identifies the person that is being sued and exposes the harm caused by the defendant's actions or inaction. It usually includes a request for damages for the victim's injuries, including medical bills, lost wages, pain and suffering and other damages.

The defendant has 30 days to respond, which is also referred to as an answer. In this response, the defendant has the option to acknowledge or deny the allegations made in the complaint. They can also file an additional counterclaim or add a third-party defendant the suit.

During the discovery phase the parties will exchange pertinent information about their positions and evidence. This involves depositions (also called interrogatories), written questions (also called interrogatories), as well as requests for documents. This usually takes up the majority of the timeline for the lawsuit. In this phase, if there are any settlement options, these will be discussed. Otherwise the case will proceed to trial. During this time your lawyer will explain your side before a judge or jury and the defendant will defend themselves.

The Discovery Phase

Discovery is a formal process that allows you and your legal team to share information with the other party and gather evidence. It could include witness statements or details of your medical treatment, as well as proof of losses you have suffered. Your attorney can also use several different tools in discovery to help your case, such as interrogatories, documents requests and depositions. Requests for documents are essentially requests to provide all relevant documentation which is within each party's control. Interrogatories require written responses. Requests for admission are letters to the other side asking them to accept certain facts. This can save time and money since attorneys do not have to prove the facts at trial. Depositions are live discussions with witnesses, during which your attorney can ask them questions regarding the incident while under the oath. Their responses will be recorded and transcribing.

Although it may seem like a long unpleasant, time-consuming and uncomfortable process but it's a crucial step to gather the evidence you need to win your case. Your lawyer will be in a position to discuss the details of the discovery process with you during your no-cost consultation. For instance, if try to hide a preexisting condition that your injury lawsuit worsened, injury attorneys this information could be discovered in the process of discovery and removed from your case.

The Negotiation Phase

Most injury Attorneys cases aim to settle a case through negotiation. The process of achieving this goal typically involves a back-and-forth exchange between your lawyer and the responsible party's 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 assist in deciding the amount of settlements you would like to negotiate and help with negotiations.

The amount of damages, including medical bills, lost wages, and future losses, is a variable that is always changing. Your injuries could worsen over time. This could increase future loss or reduce the value of your current losses. Your lawyer will ensure that damages are determined based on the severity of your injuries and the prognosis of the future recovery.

Insurance companies usually attempt to limit their payout by disputing certain elements of your claim. This can lead to delays in settlement negotiations. However your lawyer will have strategies that will assist you in overcoming these hurdles and obtain the best possible outcome for your case. Negotiating an agreement can sometimes be a lengthy process that can take months or years. Negotiations can take several months or even years, depending on a variety of factors.

The Trial Phase

While the majority of injuries cases are resolved by settlement negotiations outside of the courtroom, your attorney could choose to take your case to trial if a satisfactory solution is not reached. It is a costly lengthy and time-consuming procedure that can be stressful. The jury will also have to decide if you are compensated for your injuries, and if so, how much. Your lawyer should investigate your case in order to understand the circumstances of your injuries, the severity of damages, injuries and costs.

At this point, your lawyer will summon witnesses and experts to testify, and present evidence of physical nature, such as documents, photographs 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 shouldn't be awarded damages. The jury or judge evaluates the evidence and arguments of both parties.

The judge will explain to jurors the legal standards that must be adhered to in order to make a decision in favor of plaintiff or against 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 results of your trial, there may be an appeal option.