Injury Law Firm Litigation

Legally, it is the process that allows you to seek compensation for your losses and injuries. The lawyer representing you will utilize strong evidence to support your case, such as eyewitness testimony, medical documents, defendant's statements, and expert witness opinions.

Your lawyer will then start the lawsuit. When the defendant has responded and the case is moved to a fact-finding stage called discovery.

The Complaint

Before a lawsuit can be filed, an injured person (plaintiff) must conduct pre-lawsuit discovery. This includes reviewing accident reports as well as conducting informal discovery and identifying parties that could be liable and causes of action that could be argued against them.

The plaintiff then has the option of filing an accusation and summons. The complaint outlines the harm caused by the defendant or his actions. It typically includes a demand for compensation for the victim's injuries, including medical bills, lost wages or income, as well as pain and Injury law firm other damages.

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

During the discovery phase, both parties will exchange pertinent information about their positions and the evidence. This typically includes depositions, written questions (called interrogatories) and requests for documents. This is typically the majority of the timeframe for a lawsuit. In this phase, if there are any settlement possibilities they will be discussed. The case will then proceed to trial if there is no settlement. During this period your lawyer will explain your side to a jury or judge and the defendant will defend themselves.

The Discovery Phase

The discovery phase is a formal process that permits your legal team and the party at fault to exchange information and gather evidence. This could include witness statements, details about your medical treatment as well as proof of the damages you have incurred. Your attorney can use several tools to aid you in discovery, including interrogatories as well as requests for documents. Interrogatories are written inquiries that require a response written while requests for documents involves requesting all relevant documents under the control of the parties. Requests for admissions ask the other party to accept certain facts, which can reduce time and cost since attorneys do not need to prove these undisputed facts in court. Depositions are live interviews of witnesses where your attorney can inquire about the incident under oath. They will have their answers recorded, and then transcribed by a court reporter.

Although discovery can appear to be an lengthy, intrusive and uncomfortable process however, it is an essential step to gather the evidence needed to win your case. During your free consultation, your attorney can discuss the details of the discovery process. If you attempt to conceal an injury that was already present and aggravated due to a preexisting medical condition the information could be discovered during the process of discovery and your case could be dismissed.

The Negotiation Phase

The negotiation of a settlement is the main goal of many injuries. This process usually involves an exchange of back-and with your lawyer and that of the insurer of the responsible party. 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 would like to demand and then help with negotiations.

The amount of damages, such as medical bills, lost wages, and future losses, is a factor that is always changing. The severity of your injuries could increase over time, which can increase your losses in the future and decrease the value of your current losses. Your lawyer will ensure that your damages are based on the current state of your injuries as well as a full prognosis for future recovery.

Most often, insurance companies are trying to limit the amount they pay for claims by challenging certain elements of your case. This could lead to a delay in settlement negotiations. However, your lawyer will have strategies to help you overcome these hurdles and obtain the best possible outcome for your case. Negotiating an agreement can sometimes take a long time or even years. Numerous factors influence the length of time that settlement negotiations be, but knowing what to expect can make the process less stressful and more effective for you.

The Trial Phase

Although the majority of injury law firms cases are resolved through settlement negotiations, which are not in the courtroom, your attorney could decide to bring your case to trial if a fair resolution cannot be reached. It is a costly and time-consuming process that can be stressful. The jury must also decide if you should be paid for your injuries and should they, if so, in what amount. Your lawyer should thoroughly investigate your case to determine the circumstances of your injury, the extent of the injuries, damages and the costs.

Your attorney will now call witnesses and experts and present evidence, including photographs documents, documents, and medical reports. This is the "case-in-chief" phase. The defense attorney will summon witnesses to testify in defense, and argue that the plaintiff should not be entitled to damages. The judge or jury weighs the evidence and injury law firm arguments of both parties.

The judge will then explain the legal standards which must be followed for the jury to decide for the plaintiff and against the defendant. This is called jury instruction. Then, each side presents their closing arguments. If the jury fails to reach a consensus then the judge declares a mistrial. If you're not satisfied with the results of your trial, there might be an appeal available.