Injury Litigation

Legally, it is a process by which you can claim compensation for your injuries and losses. Your injury attorney will build solid evidence in your case including eyewitness testimony, medical documentation as well as statements of the defendant and expert witness opinions.

Your lawyer will then begin to file your lawsuit. After the defendant has replied to your lawsuit, the case goes into the stage of fact-finding, which is known as discovery.

The Complaint

Before a lawsuit can be filed, the injured person (plaintiff) must conduct pre-lawsuit discovery. This involves reading police accident reports, conducting informal discovery, and identifying potential responsible parties.

The plaintiff is then able to file a summons with a complaint. The complaint details the damage caused by the defendant's or his inaction. It typically contains a request to recover damages to compensate the victim for their injuries, including medical bills loss of wages as well as pain and suffering, among other damages.

The defendant then has 30 days to file a response, known as an answer or answer, in which they accept or deny the allegations contained in the complaint. They may also add third party defendants or file a counterclaim.

During the discovery phase the parties will exchange pertinent information about their positions and evidence. This phase includes depositions (also called interrogatories) and written questions (also known as interrogatories), as well as requests for documents. This is typically the major portion of the litigation timeline. If there are any settlement opportunities the possibility of settlement will be discussed. Otherwise the case will proceed to trial. During this period the attorney 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 allows you and your legal team to share information with the other party and gather evidence. This could include witness statements, specifics regarding your medical treatment, and evidence of the losses you've suffered. Your attorney may also employ different tools during discovery to help your case, such as interrogatories, requests for documentation and depositions. Requests for documents are requests to provide all relevant evidence that is under each party's control. Interrogatories require written responses. Requests for admission are written letters to the other party asking them to accept certain facts. This can cut down on time and cost as the attorneys do not have to prove the facts in court. Depositions are recorded interviews with witnesses in which your attorney can question them about the incident under oath. get their answers recorded and transcribing by a court reporter.

While discovery may seem like a lengthy process that is invasive, uncomfortable and tedious but it is an essential step to gather the evidence required for winning your injury lawyer case. Your lawyer will be capable of discussing the details of the discovery process with you during your free consultation. For instance, if try to hide a preexisting condition that has aggravated your injury and this information is discovered in the process of discovery and removed from your case.

The Negotiation Phase

The majority of cases involving injuries aim to settle through negotiations. The process of reaching 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 in deciding on the number of settlement you wish to demand and then help with negotiations.

The amount of damages, including medical bills, lost wages, and future losses, is a variable that changes. Your injuries could get worse over time. This could cause further losses or reduce the value of current losses. Your attorney will work to ensure that your damages are in line with the current condition of your injuries and an accurate prediction of your future recovery.

Insurance companies frequently try to limit their payout by arguing against certain aspects of your claim. This can result in a delay in settlement negotiations. However, your lawyer can provide strategies to assist you in overcoming these obstacles to get the best possible outcome for your case. In some instances the process of negotiating an agreement could take months or injury attorney even years. Negotiations can last for months or even years based on a variety of factors.

The Trial Phase

While the majority of cases involving injuries are resolved through settlement negotiations outside of the courtroom, your attorney might decide to take your case to trial if a satisfactory solution is not reached. This is an expensive lengthy, time-consuming and stressful procedure. The jury also has to decide whether the defendant should be held liable for your injuries and what compensation you are entitled to. Your lawyer must thoroughly research your case in order to understand the circumstances of your injury lawyer, the extent of damages, injuries, and costs.

Your attorney will then call witnesses and experts, and will present physical evidence, such as photographs or documents as well as medical reports. This is the "case-in-chief" phase. The defense attorney will summon witnesses to testify and argue as to why the plaintiff shouldn't be awarded damages. The judge or jury will then review the evidence and arguments made by both sides.

The judge will then outline the legal standards to be met in order for the jury to decide in favor of the plaintiff and against the defendant. This is referred to as jury instruction. Afterwards, each side makes their closing arguments. If the jury is unable to agree on a final verdict, the judge will declare that the trial is an unconstitutional trial. If you're not satisfied with the results of the trial, there could be an appeal to be made.