injury lawsuits Litigation

The legal process that allows you to recover compensation for your injuries and losses. Your injury attorney will build strong evidence for your case including eyewitness testimony, injury attorney medical documentation in the form of defendant statements, expert witness opinions.

Your lawyer will file your lawsuit. If the defendant does not respond to the lawsuit, the case moves to an inquiry stage known as discovery.

The Complaint

Before the lawsuit can be filed, the injured person (plaintiff) must conduct pre-lawsuit discovery. This includes reviewing police accident reports and conducting informal discovery and identifying parties that could be liable and the possible legal remedies that can be argued against them.

The plaintiff may then file an order with a complaint. The complaint details the damage caused by the defendant or his actions. It usually includes a request to seek damages for the victim's injuries including medical bills and lost wages along with pain and suffering and 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 allegations made in the complaint. They can also include an additional defendant, or file a counterclaim.

During the discovery phase in the discovery phase, both sides will exchange pertinent information regarding their positions and the evidence they have in the case. This usually involves depositions, written questions (called interrogatories), and requests for documents. This typically comprises the majority of the timeframe for a lawsuit. In this phase, if there are any settlement possibilities, these will be discussed. If not, the case will progress to trial. In this time your lawyer will explain your story before a judge or jury and the defendant will defend themselves.

The Discovery Phase

Discovery is a formal procedure that allows you and your legal team to exchange information with the other party and gather evidence. This could include witness statements, specifics about your medical treatment and proof of the losses that you have suffered. Your attorney can use several tools to assist you during discovery, such as interrogatories and requests for documents. Requests for documents are essentially requests to provide all relevant evidence that are within each party's control. Interrogatories require written responses. Requests for admissions ask the other party to accept certain facts. This can reduce time and cost since lawyers do not have to prove these uncontested facts in court. Depositions are live, in-person interviews with witnesses, where your attorney can ask them questions regarding the incident under oath. Their answers will be recorded and transcribing.

Discovery may seem like an uncomfortable, injury attorney lengthy and time-consuming process, however it's necessary to collect the evidence you need to prove your injury claim. Your lawyer will be capable of discussing the details of the discovery process in your free consultation. If you try to hide a preexisting injury that worsened due to a medical condition that was already present The information could be discovered during discovery and your case could be dismissed.

The Negotiation Phase

A settlement that is negotiated is the aim of the majority of lawsuits involving injuries. The process typically involves an exchange of information back and forth between your lawyer and that of the insurer of the party who is responsible. 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 determine the best number to demand your settlement and can then assist in negotiations.

One of the difficulties of settlement of an injury claim is that the amount you are owed including medical expenses as well as lost income and future losses - is an evolving factor. Your injuries may get worse over time. This could result in a rise in future losses or diminish the value of your current losses. Your lawyer will ensure that your damages are based on the current state of your injuries and a full prognosis for future recovery.

In many cases insurance companies try to limit their payout for claims by challenging certain elements of your case. This can cause delays in settlement negotiations however, your lawyer has strategies to help you overcome these challenges and reach the best possible outcome for your case. In certain cases the process of negotiating an agreement can take months or even years. Negotiations can take months or even a whole year based on various factors.

The Trial Phase

Most injury cases are resolved without court through settlement negotiations. If an agreement is not reached your lawyer might decide to proceed to trial. This is a stressful, expensive and time-consuming process. The jury also has to decide if the defendant should be responsible for your injuries and the amount you should receive. It is crucial for your lawyer to conduct thorough research on your case at this stage to fully comprehend how you were injured, the extent of your injuries, damages and costs.

Your attorney will then call witnesses and experts and present evidence, like photographs documents, medical reports. This is the "case-in-chief" phase. The defense attorney will call witnesses to testify and argue for the reasons why the plaintiff shouldn't be awarded damages. The judge or jury then weighs the evidence and arguments of both sides.

The judge will explain to the jury the legal requirements that must be met in order to decide in the favor of plaintiff or against defendant. This is known as jury instruction. Each side then makes its closing arguments. If the jury is not able to agree on a verdict, the judge will declare that the trial is an unconstitutional trial. In some rare instances, an appeal may be available if you're not satisfied with the results of your trial.