Injury Litigation

Injury litigation is a legal process by which you can get compensation for your injuries and losses. Your lawyer for injury will make use of strong evidence to support your case, such as eyewitness testimony from witnesses, medical records defense counsel's statements, defendant's testimony, and expert witness opinions.

Your lawyer will begin the process of filing your lawsuit. When the defendant has responded then the case goes to a fact-finding stage called discovery.

The Complaint

Before a lawsuit is filed the person who has been injured (plaintiff), must conduct pre-lawsuit investigation. This includes studying police accident reports, conducting informal discovery and identifying potential liable parties.

The plaintiff can then file a summons along with a complaint. The complaint details the damage caused by the defendant or his inaction. It typically includes a demand to seek damages to compensate the victim for their injuries, including medical bills and lost wages along with pain and suffering and other damages.

The defendant is then given 30 days to file a reply which is referred to as an answer or answer, in which they accept or deny the allegations contained in the complaint. They may also file counterclaims or add a third party defendant to the suit.

During the discovery phase where both sides exchange relevant information about their positions and evidence in the case. This typically involves depositions written questions (called interrogatories), and requests for documents. This is typically the most of the timeline for lawsuits. In this phase, if there are settlement opportunities that are discussed, they will be discussed. The case will proceed to trial if there is no settlement. During this period your lawyer will present your story before a judge or jury and the defendant will defend themselves.

The Discovery Phase

The discovery phase is a formal procedure that allows your legal team and the at-fault party to exchange information and collect evidence. This can include witness statements, information about your medical treatment and evidence of the losses you have incurred. Your attorney may use a variety tools to help you during discovery, such as interrogatories or requests for documents. Interrogatories are questions that require a written response and requests for documents involves requesting all relevant documents under the control of the parties. Requests for admission are written demands to the other party asking for them to acknowledge certain facts. This will save time and money since attorneys don't have to prove their case in court. Depositions are live interviews of witnesses in which your attorney can question them about the incident under oath and have their answers recorded, and then transcribed by a court reporter.

Discovery may seem like an uncomfortable, lengthy and tedious process, but it is essential to collect the evidence you require to win your injury claim. During your free consultation, your attorney will be able to explain the details of the discovery process. If you attempt to conceal a preexisting injury that worsened due to a preexisting medical condition the information could be discovered during discovery and your case could be thrown out.

The Negotiation Phase

The majority of injury lawsuit cases seek to settle a case through negotiations. This process usually involves a back and between your lawyer and the insurance company of the party responsible. This may include informal conversations/correspondence (by phone, in meetings, injury lawsuit 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 seek and assist in negotiations.

One of the difficulties of settling an injury lawyer claim is that the amount of your damages - including your medical bills or lost income as well as future losses - can be a volatile factor. The severity of your injuries could increase over time, which can increase your future losses and decrease the value of your current losses. Your attorney will ensure that your damages are determined based on your current injuries and your prognosis for future recovery.

Often insurance companies attempt to limit their payouts for claims by arguing against some elements of your case. This can cause delays in settlement negotiations however, your lawyer can provide strategies to help you navigate these obstacles and get the best possible outcome for your case. Negotiating an agreement may take months or even years. Negotiations can take months or even a whole year based on many factors.

The Trial Phase

Most cases involving injuries are resolved outside of court through settlement negotiations. If the resolution isn't reached your lawyer could decide to go to trial. This can be a stressful, expensive and time-consuming process. The jury will also have to decide if you should be compensated for your injuries and If so, injury lawsuit what amount. Your lawyer should investigate your case to discover the circumstances surrounding your injuries, the amount of damages, injuries, and the costs.

Your attorney will then call witnesses and experts and present evidence, such as photographs or documents as well as medical reports. This is known as the case-in chief phase. The defense attorney will summon witnesses to testify for counter argument, and argue that the plaintiff should not receive damages. The jury or judge evaluates the arguments and evidence of both sides.

The judge will then go over the legal requirements that must be met in order for the jury to decide for the plaintiff and against the defendant. This is known as jury instruction. Following that, each side will present their closing arguments. If the jury cannot agree on a decision, the judge will declare the trial a mistrial. In rare instances appeals may be available if not satisfied with the results of your trial.