Injury Litigation

Injury litigation is a legal process that allows you to claim compensation for your injuries and losses. Your injury attorney will build solid evidence in your case by utilizing eyewitness testimony, medical documentation testimony of the defendant, expert witness opinions.

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

The Complaint

Before a lawsuit is filed the person who suffered the injury lawsuit (plaintiff) must conduct a an investigation prior to filing a lawsuit. This involves reviewing police accident reports, making informal discovery and identifying potential at-fault parties.

The plaintiff then has the option of filing an accusation and summons. The complaint outlines the harm caused by the defendant's or his actions. It usually includes a request for compensation to compensate the victim for their injuries, including medical bills loss of wages, pain and suffering and other damages.

The defendant is then given 30 days to file a response which is referred to as an answer in which they either admit or deny the allegations made in the complaint. They can also add third party defendants or make an appeal.

During the discovery phase in the discovery phase, both sides will exchange pertinent information regarding their positions and the evidence in the case. This typically includes depositions, written questions (called interrogatories), and requests for documents. This is typically the major portion of the litigation timeline. If settlement opportunities are available that are available, they will be negotiated during this period. The case will go to trial if there's no settlement. In this instance the attorney will explain your case before a jury or judge 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 gather evidence. This can include witness statements, injury attorney specifics about your medical treatment and proof of the losses you've suffered. Your attorney may also employ several different tools during discovery to help your case, such as interrogatories, documents requests and depositions. Interrogatories are written queries which require a response in writing, while request for documents involve requesting all relevant documents that fall under the control of the parties. Requests for admission ask the other side to admit certain facts. This can save time and money since the attorneys do not have to prove these undisputed facts in court. Depositions are live interviews of witnesses where your attorney is able to question them about the incident under oath. get their answers recorded and transcribed by a court reporter.

Discovery may appear to be an uncomfortable, lengthy and invasive process, but it is essential to collect the evidence you need to prove your injury claim. Your lawyer will be in a position to discuss the details of the discovery process with you during your free consultation. For instance, if you try to hide a preexisting condition that your injury worsened and this information is discovered in the process of discovery and dismissed from your case.

The Negotiation Phase

A settlement that is negotiated is the aim of the majority of lawsuits involving injuries. The process of achieving this goal is usually an exchange of information between your lawyer and the responsible party's 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 assist you in deciding the amount of settlements you wish to seek and assist with negotiations.

One of the challenges of settlement of an injury law firms claim is that the amount you are owed which includes medical bills, lost income, and future losses - is a constantly changing aspect. The severity of your injuries could increase as time passes, which could increase your future losses and decrease the value of your current losses. Your attorney will ensure that your damages are determined based on the severity of your injuries and your prognosis for future recovery.

Most often insurance companies are trying to limit their payouts for claims by arguing against certain elements of your case. This can delay settlement negotiations however, your lawyer has strategies to help you overcome these challenges and reach the best possible outcome for your case. Negotiating an agreement can sometimes take months or even years. Negotiations can take several months or even years, depending on many factors.

The Trial Phase

While the majority of injuries cases are resolved through settlement negotiations, which are not in the courtroom, your attorney might decide to take your case to trial if a fair resolution cannot be reached. This is a stressful costly and time-consuming procedure. The jury will also have to 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 surrounding your injuries, the amount of injuries, damages, and the costs.

At this moment, your lawyer will summon witnesses as well as experts to testify and present physical evidence such as photographs, documents and medical reports. This is known as the case-in-chief phase. The defense attorney will call witnesses to testify as a counter argument and argue that the plaintiff should not be entitled to damages. The jury or judge will then look at the evidence and arguments put forward by both parties.

The judge will explain to jurors the legal standards that must be followed in order to decide whether to go in favor of the plaintiff or against the defendant. This is referred to as jury instruction. Each side then presents its closing arguments. If the jury is unable to agree on a verdict the judge will declare that the trial is a mistrial. If you're not satisfied with the outcome of the trial, there could be an appeal available.