Injury Litigation

Legally, it is the process which allows you to claim compensation for your injuries and losses. Your injury lawyer will use strong evidence to prove your case. This includes eyewitness testimony, medical records defense counsel's statements, defendant's testimony, and Injury law firms expert witness opinions.

Your lawyer will file your lawsuit. When the defendant has responded then the case goes to an investigation stage, also known as discovery.

The Complaint

Before a lawsuit is filed the person who has been injured (plaintiff), must conduct pre-lawsuit investigation. This includes reviewing police accident reports, conducting informal discovery, and identifying potentially liable parties and causes of action that can be asserted against them.

The plaintiff is then able to file an order with a complaint. The complaint is a formal declaration of the party that is being sued and exposes the harm caused by the defendant's actions or inaction. The typical complaint will include a demand for compensation for medical bills as well as lost income, suffering and other damages arising from their Injury Law firms.

The defendant has 30 days to respond, referred to as an answer. In this response, the defendant has the option to admit or deny any allegations made in the complaint. They may also add an additional defendant, or make a counterclaim.

During the discovery stage, both parties will exchange pertinent information about their positions and evidence. This typically involves depositions written questions (called interrogatories) and requests for documents. This phase usually takes up the majority of the timeframe for a lawsuit. If settlement opportunities are available they will be made during this period. Otherwise the case will go to trial. In this time, your attorney will tell your side of the story to a jury or judge and the defendant will defend themselves.

The Discovery Phase

The discovery phase is a formal procedure that permits your legal team and the at-fault party to exchange information and collect evidence. This could include witness statements, details about your medical treatment as well as proof of the damages that you have suffered. Your attorney may also employ various tools during discovery to assist your case, such as interrogatories, requests for documentation and depositions. Requests for documents are the requests to provide all relevant evidence that is under each party's control. Interrogatories require written responses. Requests for admission ask the other party to accept certain facts. This can save time and money as attorneys do not need to prove these uncontested facts in court. Depositions are live conversations with witnesses. Your attorney can ask them questions regarding the incident under an oath. Their responses will be recorded and then transcribed.

While it might appear to be a long painful, invasive and uncomfortable process but it is an essential step to gather the evidence required to win your case. During your free consultation, your attorney will be able to discuss the details of the discovery process. If you try to hide an injury lawyers that is preexisting and has gotten worse due to a medical condition that was already present, this information may be discovered during discovery and your case could be thrown out.

The Negotiation Phase

Most cases of injury lawsuit aim to settle through negotiations. The process of reaching this goal is usually an exchange of information 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 in deciding on the amount of settlement that you want to demand and then help in negotiations.

One of the biggest challenges in settling an injury claim is that the amount you are owed including medical expenses as well as lost income and future losses - is a constantly changing factor. Your injuries may get worse over time. This could lead to a rise in future loss or reduce the value of current losses. Your attorney will ensure that damages are determined based upon your current injuries as well as the probability of the future recovery.

Often insurance companies are trying to limit their payout for claims by challenging certain aspects of your case. This can cause delays in settlement negotiations, but your lawyer has strategies to help you overcome these issues and get the best possible outcome for your case. Negotiating a settlement can be a lengthy process that can take months or years. Negotiations can take months or even a whole year based on many different factors.

The Trial Phase

Most injury cases are settled outside of court through settlement negotiations. If the resolution isn't reached your lawyer might 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 responsible for your injuries and what amount of compensation you will receive. It is therefore crucial for your lawyer to thoroughly investigate your case prior to the trial to fully understand how you were injured and the extent of your injuries, damages and costs.

Your attorney will now call witnesses and experts, and will present physical evidence, such as photos documents, documents, and medical reports. This is the "case-in-chief" phase. The defense attorney will then call witnesses to testify and argue that the plaintiff should not be awarded damages. The judge or jury then evaluates the evidence and arguments of both parties.

The judge will then discuss the legal requirements that must be met for the jury to come up with a verdict in favor of the plaintiff and Injury law firms against the defendant. This is referred to as jury instruction. After that, both sides present their closing arguments. If the jury cannot agree on a verdict, the judge will declare that the trial a mistrial. If you are not happy with the outcome of your trial, there might be a right to appeal.