Injury Litigation

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

Your lawyer will file your lawsuit. After the defendant responds and the case is moved to an investigation stage, also known as discovery.

The Complaint

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

After the plaintiff has completed this, they can start a summons as well as a complaint. The complaint describes the harm caused by the defendant's or his actions. It usually includes a request for compensation for the victim's medical expenses, lost income, suffering and other damages related to their injury.

The defendant has 30 days to respond, referred to as an answer. In this response, the defendant may admit or deny any claims made in the complaint. They may also file a counterclaim or include a third-party defendant in the suit.

During the discovery phase where both sides exchange relevant information about their positions and the evidence they have in the case. This process includes depositions (also called interrogatories) as well as written questions (also called interrogatories) and requests for documents. This phase typically accounts for the majority of the timeframe for a lawsuit. During this phase, if there are any settlement opportunities the possibility of settlement will be discussed. The case will go to trial if there is no settlement. In this time your lawyer will present your story before a judge or jury and the defendant will defend themselves.

The Discovery Phase

Discovery is a formal phase that permits you and your legal team to exchange information with the other party and collect evidence. It could include witness statements, specifics about your medical treatment and proof of the expenses you've incurred. Your attorney can use several tools to assist you during discovery, such as interrogatories or requests for documents. Requests for documents are essentially requests to provide all relevant documentation that is under each party's control. Interrogatories require written responses. Requests for admission require the other party to accept certain facts. This can save time and money since lawyers do not have to prove these uncontested facts at trial. Depositions are live discussions with witnesses. Your attorney can ask them questions about the incident under oath. Their answers will be recorded and transcribed.

Discovery may seem like an uncomfortable, lengthy and intrusive process, but it is essential to collect the evidence you need to prove your Injury Attorneys claim. Your lawyer will be in a position to discuss the details of the discovery process with you during your complimentary consultation. If you try to hide an injury that is preexisting and has gotten worse due to a preexisting medical condition the information could be found out during discovery and your case could be thrown out.

The Negotiation Phase

The majority of cases involving injuries aim to reach a settlement through negotiation. 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 help choose the appropriate number to demand your settlement and assist in negotiations.

The amount of damages, including medical bills, lost wages and future losses, is a variable that changes. Your injuries could worsen over time. This could cause further losses or reduce the value of your current losses. Your attorney will ensure that your damages are calculated based on your current injuries and the likelihood of future recovery.

Often insurance companies try to limit the amount they pay for claims by arguing against specific elements of your case. This can delay settlement negotiations but your lawyer will have strategies to help you navigate these obstacles and get the best possible outcome for your case. The process of negotiating an agreement can take a long time or even years. Negotiations can last for months or even a whole year based on many different factors.

The Trial Phase

While the majority of injuries cases are resolved through settlement negotiations outside of the courtroom, your attorney could decide to bring your case to trial if a fair resolution cannot be reached. This can be a stressful long, expensive and costly procedure. The jury will also have to decide if you should be paid for Injury Attorneys your injuries and if so, how much. Your lawyer should investigate your case in order to understand the circumstances of your injury lawyers, as well as the severity of the injuries, damages and the costs.

At this stage, your attorney will call witnesses as well as experts to testify and provide evidence physical such as documents, photos, and medical reports. This is known as the "case-in-chief" phase. The defense attorney will summon witnesses to testify as a rebuttal, and argue that plaintiffs shouldn't be awarded damages. The jury or judge decides on the evidence and arguments of both sides.

The judge will explain to the jury the legal standards that must be followed in order for them to make a decision in favor of plaintiffs or against defendants. This is known as jury instruction. Each side then makes its closing arguments. If the jury is not able to agree on a final verdict, the judge will declare that the trial an unconstitutional trial. In rare instances appeals may be available if you're not satisfied with the result of your trial.