Injury Litigation

Injuries litigation is the legal process which allows you to claim compensation for your injuries and losses. Your injury attorney will build solid evidence for your case including eyewitness testimony, medical documents testimony of the defendant, expert witness opinions.

Your lawyer will file your lawsuit. After the defendant has reacted to the lawsuit, the case will move into the phase of fact-finding known as discovery.

The Complaint

Before filing a lawsuit the person who was injured (plaintiff) must conduct a pre-lawsuit investigation. This includes reviewing police accident reports, conducting informal discovery and identifying potential defendants.

The plaintiff is then able to file an accusation and summons. The complaint describes the harm caused by the defendant or his actions. It typically includes a request for compensation for the victim's medical bills loss of income, suffering and other damages that result from their injuries.

The defendant has 30 days to respond, also known as an answer. In this response, the defendant may admit or deny any allegations made in the complaint. They can also add third party defendants or make an appeal.

During the discovery phase where both sides exchange relevant information about their respective positions and evidence in the case. This includes depositions (also called interrogatories), written questions (also known as interrogatories) and requests for documents. This phase typically accounts for the majority of the timeframe for a lawsuit. If there are settlement possibilities they will be made during this time. The case will proceed to trial if there's no settlement. During this period your lawyer will present your story to a jury or judge and the defendant will defend themselves.

The Discovery Phase

The discovery phase is a formal procedure that allows your legal team and the party at fault to exchange information and collect evidence. This can include witness testimony as well as details of your medical treatment, as well as proof of losses you have suffered. Your lawyer may also employ several different tools during discovery to aid your case, such as interrogatories and requests for documents and depositions. Requests for documents are requests to supply all relevant documentation that are within each party's control. Interrogatories require written responses. Requests for admission ask the other side to admit certain facts. This could save time and money as the attorneys don't have to prove these facts in court. Depositions are recorded interviews with witnesses where your attorney can question them about the incident under oath and injury attorney get their answers recorded and transcribed by a court reporter.

Discovery may seem like an uncomfortable, lengthy and intrusive process, but it is essential to collect the evidence you need to win your injury attorneys claim. During your free consultation the attorney will be able to explain the details of the discovery process. For instance, if you try to hide a preexisting condition that has aggravated your injury lawsuit and this information is discovered in the process of discovery and thrown out of your case.

The Negotiation Phase

Negotiating a settlement is the main goal of many lawsuits involving injuries. The process to achieve this goal usually involves an exchange of information 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 help you in deciding on the amount of settlements you wish to request and assist in negotiations.

The amount of damages, including medical bills, lost wages, and future loss, is a factor that changes. Your injuries can get worse over time. This could increase future losses or reduce the value of current losses. Your lawyer will 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 the amount they pay by arguing against certain aspects of your claim. This could lead to delays in settlement negotiations. However, your lawyer can provide strategies to assist you in overcoming these obstacles and achieve the best outcome for your case. Negotiating an agreement can sometimes take a long time or even years. Many factors affect how long settlement negotiations will be, but knowing what to expect can make the process easier and more efficient for you.

The Trial Phase

Most injury cases are settled outside of court through settlement negotiations. However, if a resolution is not reached, your lawyer may decide to proceed to trial. This is an expensive and time-consuming process that can be stressful. It also requires the jury to decide if the defendant should be accountable for your injuries and how much money you should be awarded. It is therefore crucial for injury attorney your lawyer to thoroughly research your case at this stage to fully comprehend the extent of your injuries, the extent of your injuries, the damages and expenses.

At this moment, your lawyer will summon witnesses as well as experts to testify and provide evidence in the form of documents, photos, and medical reports. This is referred to as the case-in­-chief phase. The defense attorney will then summon witnesses to testify in rebuttal and argue that the plaintiff should not be awarded damages. The jury or judge will then review the evidence and arguments put forward by both sides.

The judge will explain to the jury the legal requirements that must be followed in order to decide in favor of plaintiff or against defendant. This is known as jury instruction. Afterwards, each side makes their closing arguments. If the jury cannot reach a decision and the judge decides to declare a mistrial. If you're not satisfied with the results of your trial, there may be an appeal to be made.