Injury Litigation

The legal process which allows you to claim compensation for your losses and injuries. Your lawyer for injury will make use of strong evidence to support your case, such as eyewitness testimony, medical records as well as the statements of the defendant and expert witness opinions.

Your lawyer will start the lawsuit. If the defendant does not respond and the case is moved to a fact-finding stage called discovery.

The Complaint

Before filing a lawsuit the person who was injured (plaintiff), must conduct an investigation prior to the filing of a lawsuit. This entails reviewing police accident reports, conducting informal discovery, and identifying parties that could be liable and possible legal remedies that can be argued against them.

The plaintiff is then able to file a summons with a complaint. The complaint identifies who is the party who is being sued, and describes the harm caused by the defendant's conduct or inaction. It typically contains a request for damages for the victim's injuries, including medical bills and lost wages along with pain and suffering and other damages.

The defendant has 30 days to respond, also 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 add a third party defendant to the suit.

During the discovery phase during the discovery phase, both parties will share relevant information regarding their positions and the evidence. This typically involves depositions written questions (called interrogatories), and requests for documents. This usually takes up the majority of the timeframe for an action. If there are any settlement possibilities that are discussed, they will be discussed. Otherwise, the case will progress to trial. During this period your lawyer will provide your argument before a judge or a jury and the defendant will take on their defense.

The Discovery Phase

Discovery is a formal stage that permits you and your legal team to share information with the other party and collect evidence. It could include witness statements, specifics about your medical treatment and evidence of the losses you've suffered. Your lawyer may also employ various tools in discovery to help your case, including interrogatories and requests for documents and depositions. Requests for documentation are requests to provide all relevant documents that is under each party's control. Interrogatories require written responses. Requests for admission are written demands to the other party requesting for their admission to certain facts. This will save time and money since the attorneys do not have to prove their case at trial. Depositions are live recordings of witnesses where your attorney can question them about the incident under oath, and get their answers recorded and transcribed by a court reporter.

Discovery can be an uncomfortable, lengthy and intrusive process, but it is essential to gather the evidence you need to win your Injury lawsuit claim. During your consultation for free your attorney can discuss the details of the discovery process. If you attempt to conceal an injury lawsuit that is preexisting and has gotten worse due to a medical condition that was already present This information could be found out during discovery and your case could be thrown out.

The Negotiation Phase

A settlement that is negotiated is the primary goal in most lawsuits involving injuries. The process to achieve this goal usually involves an exchange of information between your lawyer and injury lawsuit 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 choose the appropriate number to request for your settlement, and then assist in negotiations.

The amount of damages, including medical bills, lost wages and future losses, is a variable that is constantly changing. Your injuries could worsen over time. This could cause further losses or diminish the value of current losses. Your lawyer will ensure that your damages are in line with the current condition of your injuries as well as an accurate prediction of your future recovery.

Insurance companies frequently attempt to limit their payout by disputing certain elements of your claim. This can result in a delay in settlement negotiations. However, your lawyer has strategies to help you overcome these obstacles to get the best outcome for your case. Negotiating a settlement can take months or even years. Negotiations can take months or even years based on various factors.

The Trial Phase

Most cases of injury are resolved without court through settlement negotiations. If there is no resolution the lawyer could decide to go to trial. It is a stressful, expensive and time-consuming procedure. The jury must also decide if you should be compensated for your injuries and, should they, if so, in what amount. Therefore, it is essential for your lawyer to thoroughly research your case at this stage to fully comprehend the nature of your injuries and the severity of your injuries, the damages and costs.

At this moment, your lawyer will summon witnesses and experts to testify, and present evidence of physical nature, such as documents, photos, and medical reports. This is known as the case-in-chief phase. The defense attorney will summon witnesses to testify for defense, and argue that the plaintiff should not receive damages. The judge or jury considers the arguments and evidence of both parties.

The judge will then outline the legal standards that must be met in order for injury lawsuit the jury to find for the plaintiff and against the defendant. This is known as jury instruction. Each side then makes its closing arguments. If the jury is unable to agree on a verdict, the judge will declare that the trial is an unconstitutional trial. In some rare instances appeals might be available if not satisfied with the outcome of your trial.