Injury Litigation

Legally, it is the process which allows you to claim compensation for your injuries and losses. Your injury attorney will build solid evidence in your case, including eyewitness testimony, medical records in the form of defendant statements, expert witness opinions.

Your lawyer will then start the lawsuit. Once the defendant has responded, the case moves into the phase of fact-finding known as discovery.

The Complaint

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

The plaintiff then has the option of filing an accusation and summons. The complaint identifies the person who is being sued. It also exposes the harm caused by the defendant's actions or lack thereof. It typically contains a request to seek damages for the victim's injuries, including medical bills, lost wages or income, as well as pain and other damages.

The defendant has 30 days to respond, also known as an answer. In this response, the defendant may accept or deny the allegations made in the complaint. They may also include an additional defendant from a third party or file an appeal.

During the discovery phase the parties will exchange relevant information regarding their positions and the evidence. This phase includes depositions (also called interrogatories) as well as written questions (also known as interrogatories) as well as requests for documents. This typically comprises the majority of the timeframe for a lawsuit. If there are settlement opportunities, they will take place during this time. If not the case will go to trial. During this period the attorney will present your story to a jury or judge and the defendant will defend themselves.

The Discovery Phase

Discovery is a formal stage that allows you and your legal team to exchange information with the other party and gather evidence. This could include witness statements, information about your medical treatment and proof of the losses you have incurred. Your attorney may also employ different tools during discovery to assist your case, such as interrogatories, documents requests and depositions. Requests for documents are the requests to provide all relevant documents which is within each party's control. Interrogatories require written responses. Requests for admission are written demands to the other party asking them to accept certain facts. This could save time and money as the attorneys don't have to prove the facts during trial. Depositions are live conversations with witnesses, injury attorney where your attorney can ask them questions about the incident under oath. Their responses will be recorded and transcribed.

While discovery may seem like a lengthy process that is invasive, uncomfortable and tedious but it's a crucial step to gather the evidence required for winning your injury case. During your free consultation your attorney will be able to discuss the specifics of the discovery process. If you try to hide an injury law firms that was already present and aggravated due to a medical condition that was already present This information could be found out during discovery and your case could be dismissed.

The Negotiation Phase

Reaching a negotiated settlement is the goal of most injury cases. This process usually involves an exchange of back-and between your lawyer and the insurance company of the party responsible. This may include informal conversations/correspondence (by phone, in meetings, by email) where the parties trade offers and counter-offers. Your lawyer can assist you decide on the number you want to demand your settlement, and then assist in negotiations.

The amount of damages, such as medical bills, lost wages and future losses, is a variable that is dynamic. Your injuries may get worse over time. This could result in a rise in future loss 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.

In many cases insurance companies attempt to limit their payouts for claims by challenging certain elements of your case. This could lead to a delay in settlement negotiations. However, your lawyer will have strategies to assist you in overcoming these obstacles and get the best outcome for your case. Negotiating an agreement may take months or even years. Numerous factors influence the length of time that settlement negotiations last, but understanding what to expect will make the process less stressful and more effective for you.

The Trial Phase

Most cases involving injuries are resolved outside of court through settlement negotiations. However, if there is no resolution the lawyer could decide to proceed to trial. This can be a costly, time-consuming and stressful process. The jury will also have to decide if you should be compensated for injury attorney your injuries and in the event that they do, how much. It is therefore crucial for your lawyer to thoroughly investigate your case at this point to fully comprehend the way 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, like photographs, documents, and medical reports. This is the "case-in-chief" phase. The defense attorney will then summon witnesses to testify in rebuttal and argue as to why the plaintiff shouldn't be awarded damages. The judge or jury weighs the evidence and arguments of both parties.

The judge will then go over the legal standards that must be met for the jury to find in favor of 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 reach an agreement on a verdict the judge will declare that the trial is a mistrial. In some cases an appeal could be available if not satisfied with the outcome of your trial.