Injury Litigation

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

Your lawyer will then submit your lawsuit. After the defendant has replied to the lawsuit, the case will move into a stage of fact-finding called discovery.

The Complaint

Before filing a lawsuit, the injured person (plaintiff) must conduct a an investigation prior to the filing of a lawsuit. This includes reviewing the police accident reports, injury attorney conducting informal discovery and identifying potential responsible parties.

Once the plaintiff has done this, they can file a summons and complaint. The complaint outlines the harm caused by the defendant's actions or his inaction. It typically includes a demand to recover damages for the victim's injuries including medical bills as well as lost wages, pain and suffering and other damages.

The defendant has 30 days to respond, which is also 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 make a counterclaim or add a third-party defendant to the suit.

During the discovery phase, both sides will exchange relevant information about their respective positions and evidence in the case. This process includes depositions (also called interrogatories), written questions (also known as interrogatories) as well as requests for documents. This usually accounts for the majority of the timeframe for a lawsuit. If there are any settlement opportunities, these will be discussed. The case will proceed to trial if there is no settlement. In this time, your attorney will tell your side to a jury or judge and the defendant will defend themselves.

The Discovery Phase

Discovery is a formal procedure that allows you and your legal team to share information with the other party and collect evidence. This can include witness statements, information about your medical treatment as well as proof of the damages you've suffered. Your attorney may use a variety tools to help you during discovery, such as interrogatories and requests for documents. Requests for documents are essentially requests to provide all relevant documentation that are within each party's control. Interrogatories require written responses. Requests for admission are written requests to the other party asking for their admission to certain facts. This will save time and money since the attorneys don't have to prove the facts in court. Depositions are live discussions with witnesses. Your attorney can ask them questions about the incident while under the oath. Their responses will be recorded and transcribing.

Discovery may seem like an uncomfortable, lengthy and time-consuming process, however it's necessary to collect the evidence you require to prove your injury attorneys claim. Your lawyer will be in a position to discuss the details of the discovery process in your free consultation. If you attempt to conceal an injury that is preexisting and has gotten worse due to a preexisting medical condition, this information may be discovered during the process of discovery and your case could be dismissed.

The Negotiation Phase

The majority of injury cases seek to settle through negotiation. The process to achieve this goal typically involves 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 the amount of settlements you wish to negotiate and help with negotiations.

One of the biggest challenges in the process of settling an injury case is that the amount of your damages - including your medical bills loss of income, future losses - is an evolving aspect. Your injuries may worsen as time passes, which could increase the amount of your future losses and reduce the amount of your current losses. Your lawyer will ensure that your damages are determined by the current state of your injuries as well as a complete outlook for future recovery.

Insurance companies often attempt to limit their payout by arguing against certain aspects of your claim. This can cause delays in settlement negotiations, but your lawyer has strategies to help you navigate these challenges and reach the most favorable outcome for your case. In some instances the process of negotiating an agreement could be lengthy, sometimes even for years. Negotiations can last for months or even years based on various factors.

The Trial Phase

Most injury cases are resolved without court through settlement negotiations. However, if the resolution isn't reached, your lawyer may decide to go to trial. This is a costly, time-consuming and stressful process. It also requires the jury to decide if the defendant should be held liable for your injuries, and the amount you are entitled to. It is crucial for your lawyer to conduct thorough research on your case at this stage to fully comprehend the extent of your injuries and the extent of your injuries, the damages and expenses.

Your attorney will now summon witnesses as well as experts and 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 for rebuttal and argue that the plaintiff should not receive damages. The jury or judge will then take into consideration the evidence and arguments offered by both parties.

The judge will then discuss the legal standards which must be followed for the jury to find for the plaintiff and against the defendant. This is known as jury instruction. After that, both sides present their closing arguments. If the jury cannot reach an agreement on a decision, the judge will declare that the trial is an unconstitutional trial. In some cases appeals might be available in the event that you are unhappy with the outcome of your trial.