Injury Litigation

Legally, it is a process by which you can recover compensation for your injuries and losses. Your injury attorney will build strong evidence in your case including eyewitness testimony, medical documents testimony of the defendant, expert witness opinions.

Your lawyer will then start the lawsuit. After the defendant has reacted, the case moves into an investigation of facts, also known as discovery.

The Complaint

Before the lawsuit can be filed, the injured person (plaintiff) must conduct pre-lawsuit discovery. This includes reviewing police accident reports, conducting informal discovery, injury attorney and identifying parties that could be liable and causes of action that may be filed against them.

Once the plaintiff has done this, they are able to make a complaint and summons. The complaint describes the harm caused by the defendant's or his actions. It typically includes a demand injury attorney to seek damages to compensate the victim for their injuries, including medical bills, lost wages or income, as well as pain and other damages.

The defendant has 30 days to respond, referred to as an answer. In this response, the defendant can admit or deny any claims made in the complaint. They may also file an appeal or include a third-party defendant in the suit.

During the discovery phase in the discovery stage, both parties exchange pertinent information about their positions and evidence. This involves depositions (also known as interrogatories), written questions (also known as interrogatories) as well as requests for documents. This typically comprises the major portion of the litigation timeline. In this phase, if there are any settlement possibilities the possibility of settlement will be discussed. In the event that there is no settlement the case will proceed to trial. In this instance your lawyer will explain your argument before a judge or a jury and the defendant will put on their defense.

The Discovery Phase

Discovery is a formal process that permits you and your legal team to share information with the other party and gather evidence. This may include witness statements, specifics regarding your medical treatment, as well as proof of the damages that you have suffered. Your attorney may use a variety tools to help you during discovery, such as interrogatories or requests for documents. Interrogatories are written queries which require a response in writing and requests for documents involves requesting all relevant documents under the control of each party. Requests for admission require the other party to acknowledge certain facts. This could save time and money as the attorneys do not have to prove these uncontested facts during trial. Depositions are live interviews with witnesses, during which your attorney can ask them questions about the incident while under the oath. Their answers will be recorded and transcribing.

Discovery may seem like an uncomfortable, long and intrusive process, but it is essential to gather the evidence you need to prove your injury claim. Your attorney will be able to discuss the specifics of the discovery process in your free consultation. For instance, if attempt to conceal a preexisting condition that has caused your injury to worsen and this information is discovered during the discovery process and removed from your case.

The Negotiation Phase

The majority of injury cases seek to reach a settlement through negotiation. The process of achieving 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 decide on the number you want to demand for your settlement, and then assist in negotiations.

One of the challenges of settlement of an injury claim is that the amount of your damages (including medical bills as well as lost income and future losses - can be a volatile factor. The severity of your injuries could increase over time, which may increase your losses in the future and decrease the amount of your current losses. Your lawyer will ensure that your damages are based on the current state of your injuries and a complete outlook for future recovery.

In many cases, insurance companies are trying to limit their payouts for claims by challenging certain aspects of your case. This can delay settlement negotiations however, your lawyer can provide strategies to help you get through these challenges and reach the most favorable outcome for your case. Negotiating an agreement may be a lengthy process that can take months or years. Negotiations can last for months or even a whole year based on various factors.

The Trial Phase

While the majority of cases involving injuries are resolved by settlement negotiations outside of court, your attorney may decide to bring your case to trial if an acceptable resolution is not attainable. It is a costly, time-consuming and stressful process. The jury must also decide if you should be compensated for your injuries, and if so, how much. Your lawyer must thoroughly research your case in order to understand the circumstances of your injuries, the amount of injuries, damages, and the costs.

Your lawyer will now call witnesses and experts and present evidence, like photographs documents, medical reports. This is referred to as the case-in­-chief phase. The defense attorney will summon witnesses to testify on behalf of a rebuttal and argue that plaintiffs shouldn't be awarded damages. The jury or judge will then consider the evidence and arguments presented by both parties.

The judge will then discuss the legal requirements which must be followed for the jury to find for the plaintiff and against the defendant. This is referred to as jury instruction. Following that, each side will present their closing arguments. If the jury is unable to reach a consensus on a verdict and the judge declares a mistrial. In rare instances appeals may be available if you're unhappy with the outcome of your trial.