Injury Litigation

Legally, it is the process that allows you to collect compensation for your injuries and losses. Your injury lawyer will develop solid evidence in your case that includes eyewitness testimony, medical documentation, defendant statements and expert witness opinions.

Your lawyer will file your lawsuit. After the defendant responds to the lawsuit, the case moves to a fact-finding stage called discovery.

The Complaint

Before a lawsuit is filed, the injured person (plaintiff), must conduct an investigation prior to filing a lawsuit. This includes studying police accident reports, making informal discovery and identifying responsible parties.

Once the plaintiff has done this, they are able to make a complaint and summons. The complaint identifies the party who is being sued, and details the harm caused by the defendant's actions or lack thereof. It typically includes a demand to recover damages for injury lawyer the victim's injuries including medical bills as well as lost wages, pain and suffering and other damages.

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

During the discovery phase, both parties will exchange relevant information regarding their positions and the evidence. This phase includes depositions (also known as interrogatories) as well as written questions (also called interrogatories), as well as requests for documents. This phase typically accounts for the majority of the timeframe for a lawsuit. During this phase, if there are any settlement options they will be discussed. Otherwise, the case will progress to trial. During this period, your attorney will tell your side of the story before a judge or jury and the defendant will defend themselves.

The Discovery Phase

The discovery phase is a formal process that permits your legal team and the party at fault to exchange information and collect evidence. This can include witness testimony or details of your medical treatment, and evidence of the losses you've suffered. Your lawyer may also employ several tools during discovery to assist your case, including interrogatories and requests for documents and depositions. Interrogatories are written questions that require a written response and requests for documents involve requesting all relevant documents under the control of the parties. Requests for admission are written requests to the other party, asking for them to acknowledge certain facts. This could save time and money since the attorneys do not need to prove the facts during trial. Depositions are live conversations with witnesses where your attorney can inquire about the incident under oath, and get their answers recorded and translated by a court reporter.

Discovery may seem like an uncomfortable, lengthy and time-consuming process, however it's necessary to collect the evidence you require to win your injury lawsuits claim. Your lawyer will be able to discuss the specifics of the discovery process in your free consultation. For example, if you try to hide a prior condition that your injury worsened or aggravated, the information could be discovered in the process of discovery and removed from your case.

The Negotiation Phase

Most injury cases aim to reach a settlement through negotiation. The process typically involves an exchange of information back and 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 assist you in deciding on the amount of settlement that you want to request and assist in negotiations.

The amount of damages, such as medical bills, lost wages, and future losses, is a factor that changes. Your injuries could worsen over time. This could result in a rise in future losses or decrease the value of current losses. Your lawyer will ensure that your damages are determined by the current state of your injuries, and provide a complete outlook for future recovery.

In many cases insurance companies are trying to limit the amount they pay for claims by challenging certain aspects of your case. This could lead to a delay in settlement negotiations. However, your lawyer can provide strategies to help you overcome these hurdles and obtain the best possible result 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 many factors.

The Trial Phase

While most injury cases are resolved through settlement negotiations outside of court, your lawyer may decide to bring your case to trial if a fair resolution cannot be reached. This is an expensive lengthy, time-consuming and stressful procedure. It also requires the jury to decide whether the defendant is accountable for your injuries and how much money you should be awarded. Your lawyer must thoroughly investigate your case to understand the circumstances surrounding your injury, the extent of damages, injuries and costs.

At this moment, your lawyer will call witnesses as well as experts to testify and present physical evidence such as documents, photographs, and medical reports. This is the "case-in-chief" phase. The defense attorney will summon witnesses to testify in argument against the plaintiff and argue that plaintiffs shouldn't be awarded damages. The judge or jury will then review the evidence and arguments put forward by both parties.

The judge will then outline the legal requirements that must be met in order for the jury to decide in favor of the plaintiff and against the defendant. This is known as jury instruction. Then, each side presents their closing arguments. If the jury cannot agree on a verdict and the judge declares a mistrial. In some cases appeals may be available in the event that you are not satisfied with the outcome of your trial.