Injury Litigation

Injury litigation is a legal procedure through which you can recover compensation for your injuries and losses. Your injury attorney will build solid evidence for your case that includes eyewitness testimony, medical documents testimony of the defendant, expert witness opinions.

Your lawyer will then begin to file your lawsuit. Once the defendant has responded to the lawsuit, the case will move into an investigation of facts, also known as discovery.

The Complaint

Before a lawsuit is filed the person who has been injured (plaintiff) must conduct a an investigation prior to the filing of a lawsuit. This involves reviewing the police accident reports, conducting informal discovery and identifying possible at-fault parties.

The plaintiff can then file an accusation and summons. The complaint details the damage caused by the defendant or his actions. It usually includes a request for compensation for medical expenses and lost income, as well as suffering and injury attorney pain, as well as other damages arising from their injuries.

The defendant has 30 days to respond, referred to as an answer. In this response, the defendant is able to accept or deny the allegations made in the complaint. They may also add an additional defendant, or make an appeal.

During the discovery phase in the discovery phase, both sides will exchange relevant information about their positions and the evidence they have in the case. This includes depositions (also called interrogatories) and written questions (also called interrogatories) and requests for documents. This process usually occupies most of the time for an action. If there are settlement opportunities that are discussed, they will be discussed. If not the case will go to trial. In this instance your lawyer will provide your case before a jury or judge and the defendant will take on their defense.

The Discovery Phase

Discovery is a formal process that allows you and your legal team to exchange information with the other party and gather evidence. This could include witness testimony and details about your medical treatment, as well as evidence of losses you've suffered. Your attorney can also use several different tools in discovery to help your case, such as interrogatories, documents requests and depositions. Requests for documentation are requests to provide all relevant documentation that is under each party's control. Interrogatories require written responses. Requests for admission are written letters to the other party requesting them to accept certain facts. This can save time and money as the attorneys do not have to prove their case in court. Depositions are live, in-person interviews with witnesses. Your attorney can ask them questions regarding the incident while under an oath. Their responses will be recorded and transcribing.

Discovery can be an uncomfortable, long and tedious process, but it is essential to collect the evidence you require to win your injury claim. Your lawyer will be in a position to discuss the details of the discovery process with you during your no-cost consultation. If you attempt to conceal a preexisting injury that worsened due to a medical condition that was already present, this information may be discovered during discovery and your case could be dismissed.

The Negotiation Phase

Most cases of injury aim to settle a case through negotiation. The process of achieving this goal usually involves a back-and-forth exchange 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 assist you in deciding on the amount of settlements you would like to request and assist with negotiations.

The amount of damages, which includes medical bills, lost wages, and future loss, is a factor that is always changing. Your injuries could worsen over time. This could cause further loss or reduce the value of your current losses. Your attorney will work to ensure that your damages are dependent on the current condition of your injuries, and provide a complete outlook for future recovery.

Insurance companies frequently attempt to limit the amount they pay by arguing against certain aspects of your claim. This can result in a delay in settlement negotiations. However your lawyer has strategies to assist you in overcoming these obstacles and get the best outcome for your case. In certain cases negotiations to reach an agreement can be a long process that can take months or even years. Negotiations can last for several months or even years, depending on many factors.

The Trial Phase

While most injury cases are resolved through settlement negotiations, which are not in the courtroom, your attorney could decide to bring your case to trial if a satisfactory resolution cannot be reached. This is a costly and time-consuming process that can be stressful. 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 investigate your case to determine the circumstances surrounding your injuries, the amount of the injuries, damages and the costs.

At this moment, your lawyer will summon witnesses as well as experts to testify and provide evidence physical such as documents, photographs and medical reports. This is the "case-in-chief" phase. The defense attorney will then call witnesses to testify and argue as to why the plaintiff should not be awarded damages. The jury or judge decides on the evidence and arguments of both parties.

The judge will then explain the legal requirements that must be met in order for the jury to find in favor of the plaintiff and against the defendant. This is called jury instruction. Each side then gives its closing arguments. If the jury is unable agree on a verdict, the judge will declare a mistrial. If you're not satisfied with the result of the trial, there could be an appeal option.