Injury Litigation

The legal procedure which allows you to claim compensation for your injuries and losses. Your injury attorney will build strong evidence in your case including eyewitness testimony, defendant statements and expert witness opinions.

Your lawyer will start the lawsuit. After the defendant responds, the case enters an investigation stage, also known as discovery.

The Complaint

Before a lawsuit is filed the person who suffered the injury lawsuits (plaintiff) must conduct a pre-lawsuit investigations. This includes reading police accident reports, conducting informal discovery and identifying potential liable parties.

The plaintiff is then able to file an order with a complaint. The complaint details the damage caused by the defendant's action or his inaction. It usually includes a request to seek damages for the victim's injuries, including medical bills, lost wages or income, as well as pain and other damages.

The defendant has 30 days to respond, also known as an answer. In this response, the defendant can acknowledge or deny the allegations made in the complaint. They may also file an additional counterclaim or add a third party defendant to the suit.

During the discovery phase during the discovery phase, both sides will share relevant information about their positions and the evidence they have in the case. This typically includes depositions, written questions (called interrogatories) and requests for documents. This usually accounts for the major portion of the litigation timeline. During this phase, if there are any settlement possibilities the possibility of settlement will be discussed. Otherwise, the case will progress to trial. During this time your attorney will be able to present your side of the story to a judge or jury and the defendant will take on their defense.

The Discovery Phase

The discovery phase is a formal procedure that permits your legal team and the at-fault party to exchange information and collect evidence. It could include witness statements or details of your medical treatment and evidence of the losses you've suffered. Your attorney may also employ various tools in discovery to help your case, such as interrogatories and injury attorney requests for documents and depositions. Interrogatories are written queries which require a response in writing while requests for documents involves requesting all relevant documentation under the control of each party. Requests for admission are written demands to the other party requesting them to admit certain facts. This will save time and cost as the attorneys don't need to prove the facts at trial. Depositions are live, in-person interviews with witnesses, during which your attorney can ask them questions regarding the incident under an oath. Their responses will be recorded and transcribed.

Discovery can be an uncomfortable, lengthy and invasive process, but it is essential to collect the evidence required to win your injury claim. Your attorney will be able to discuss the specifics of the discovery process in your free consultation. If you attempt to conceal a preexisting injury that worsened due to a medical condition that was already present The information could be found out during discovery and your case could be thrown out.

The Negotiation Phase

Most injury cases aim to settle through negotiation. This process usually involves an exchange of back-and with your lawyer and the responsible party's insurer. 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 would like to demand and then help in negotiations.

The amount of damages, such as medical bills, lost wages and future loss, is a factor that is constantly changing. Your injuries could worsen over time. This could result in a rise in future losses or decrease the value of current losses. Your attorney will ensure that damages are determined based on the severity of your injuries as well as the probability of the future recovery.

A lot of times insurance companies are trying to limit their payouts for claims by arguing against certain elements of your case. This can result in a delay in settlement negotiations. However, your lawyer has strategies to help you overcome these hurdles and obtain the best outcome for your case. In some cases the process of negotiating an agreement could be lengthy, sometimes even for years. There are many factors that affect the length of time that settlement negotiations last, but understanding what to expect can make the process less stressful and more effective for you.

The Trial Phase

The majority of injury cases are settled outside of court through settlement negotiations. If a resolution is not reached the lawyer could decide to bring the case to trial. This can be a difficult long, expensive and costly process. It also requires the jury to decide whether the defendant should be accountable for injury attorney your injuries and what amount of compensation you should be awarded. Your lawyer must thoroughly research your case in order to understand the circumstances of your injury, as well as the severity of damages, injuries and costs.

Your attorney will now summon witnesses and experts, and will present physical evidence, such as photographs documents, medical reports. This is known as the "case-in-chief" phase. The defense attorney will summon witnesses to testify in rebuttal, and argue that the plaintiff should not be entitled to damages. The judge or jury then weighs the arguments and evidence of both sides.

The judge will explain to the jury the legal requirements 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 presents its closing arguments. If the jury cannot reach an agreement on a verdict, the judge will declare the trial an unconstitutional trial. In rare instances appeals may be available if you're unhappy with the outcome of your trial.