Injury Litigation

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

Your lawyer will then begin to file your lawsuit. After the defendant has replied, the case moves into a stage of fact-finding called discovery.

The Complaint

Before filing a lawsuit, the injured person (plaintiff), must conduct an investigation prior to filing a lawsuit. This includes reviewing accident reports and conducting informal discovery and identifying any potentially liable parties and possible causes of action that could be brought against them.

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

The defendant will then have 30 days to file a response called an answer in which they acknowledge or deny the allegations made in the complaint. They may also file counterclaims or add a third party defendant to the suit.

During the discovery phase the parties will exchange relevant information regarding their positions and the evidence. This involves depositions (also known as interrogatories), written questions (also known as interrogatories) and requests for documents. This process usually occupies most of the time for a lawsuit. If there are settlement opportunities that are available, they will be negotiated during this time. If not the case will proceed to trial. In this time your lawyer will present your side of the story to a jury or judge and the defendant will defend themselves.

The Discovery Phase

Discovery is a formal phase that permits you and your legal team to exchange information with the other party and gather evidence. This could include witness testimony, details of the treatment you received from your doctor, and proof of losses you have suffered. Your attorney can utilize a variety of tools to assist you during discovery, such as interrogatories and requests for documents. Interrogatories are written questions which require a response in writing, while request for documents requires the submission of all relevant documents that fall under the control of the parties. Requests for admission are written demands to the other party requesting them to accept certain facts. This could save time and money since the attorneys don't need to prove their claims in court. Depositions are live interviews with witnesses, where your attorney can ask them questions about the incident under oath. Their answers will be recorded and then transcribed.

While discovery may appear to be a long painful, invasive and uncomfortable process but it's a crucial step to gather the evidence needed to win your injury lawsuits case. Your lawyer will be willing to go over the specifics of the discovery process with you during your free consultation. For instance, if try to hide a prior health issue that caused your injury lawyers to get worse and this information is discovered in the process of discovery and then thrown out of your case.

The Negotiation Phase

The negotiation of a settlement is the primary goal in most lawsuits involving injuries. The process of achieving this goal is usually an exchange of information 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 request for your settlement, and then assist in negotiations.

The amount of damages, which includes medical bills, lost wages, and future losses, is a variable that changes. Your injuries could worsen over time. This could result in a rise in future losses or reduce the value of current losses. Your lawyer will ensure that damages are calculated based on your current injuries and your prognosis for the future recovery.

Most often insurance companies try to limit their payout for claims by challenging certain aspects of your case. This could delay settlement negotiations but your lawyer will have strategies to help you navigate these issues and get the best possible outcome for your case. In some cases the process of negotiating an agreement can take months or even years. Negotiations can take months or injury attorney even years depending on many different factors.

The Trial Phase

While the majority of injuries cases are resolved through settlement negotiations, which are not in court, your attorney may decide to take your case to trial if an acceptable resolution is not attainable. This is a costly, time-consuming and stressful process. The jury will also have to decide if you should be compensated for your injuries and in the event that they do, how much. Your lawyer should thoroughly investigate your case to understand the circumstances of your injury, as well as the severity of injuries, damages, and costs.

At this point, your lawyer will summon witnesses and experts to testify. They will also 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 call witnesses to testify in rebuttal and argue why the plaintiff shouldn't be awarded damages. The jury or judge will then look at the evidence and arguments made by both parties.

The judge will explain to jurors the legal standards that must be followed in order to make a decision in favor of plaintiffs or against defendants. This is referred to as jury instruction. Each side then makes its closing arguments. If the jury cannot reach a consensus on a verdict and the judge declares a mistrial. If you're not satisfied with the result of your trial, there may be an appeal option.