injury attorneys Litigation

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

Your lawyer will start the lawsuit. Once the defendant has responded then the case goes to the discovery phase, which is a process of finding facts.

The Complaint

Before filing a lawsuit, the injured person (plaintiff), must conduct an investigation prior to filing a lawsuit. This includes reading police accident reports, conducting informal discovery and identifying possible at-fault parties.

The plaintiff then has the option of filing a summons with a complaint. The complaint is a formal declaration of the party who is being sued. It also details the harm caused by the defendant's actions or inaction. It typically contains a request for compensation for medical expenses, lost income, suffering and pain, and other damages that result from their injuries.

The defendant is then given 30 days to file a reply, known as an answer or answer, in which they accept or deny the allegations in the complaint. They may also include an additional defendant from a third party or file a counterclaim.

During the discovery phase, both parties will exchange pertinent information about their positions and the evidence. This typically includes depositions, written questions (called interrogatories), and requests for documents. This is usually the majority of the timeframe for a lawsuit. If there are settlement options that are available, they will be negotiated during this time. The case will proceed to trial if there is no settlement. During this time the attorney will provide your case before a judge or a jury and the defendant will put on their defense.

The Discovery Phase

The discovery phase is a formal process that permits your legal team and the party at fault to exchange information and gather evidence. This may include witness testimony, details of your medical treatment, and proof of losses you have suffered. Your attorney can use several tools to help you during discovery, including interrogatories as well as requests for documents. Requests for documentation are requests to supply all relevant documentation that is under each party's control. Interrogatories require written responses. Requests for admission ask the other party to admit certain facts. This could reduce time and cost since lawyers do not have to prove these undisputed facts during trial. Depositions are live interviews of witnesses where your attorney is able to ask them questions about the incident under oath. They will have their answers recorded, and then transcribed by a court reporter.

While discovery may appear to be a long, intrusive and uncomfortable process but it's a crucial step to gather the evidence necessary to win your case. During your consultation for free the attorney will be able to discuss the details of the discovery process. If you try to hide an injury that has already been aggravated due to a medical condition that was already present, this information may be discovered during discovery and your case could be dismissed.

The Negotiation Phase

The majority of cases involving injuries aim to settle the case through negotiations. The process typically involves a back and between your lawyer and the insurer of the responsible party. 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 settlement that you want to demand and then help in negotiations.

The amount of damages, which includes medical bills, lost wages and future losses, is a factor that changes. Your injuries may worsen over time, which may increase your future losses, and reduce the amount of your current losses. Your lawyer will ensure that your damages are determined based on the severity of your injuries as well as the probability of the future recovery.

Insurance companies often try to limit their payout by arguing against certain aspects of your claim. This can cause delays in settlement negotiations but your lawyer will have strategies to help you get through these challenges and reach the most favorable outcome for your case. In some instances, the process of negotiating an agreement could take months or even years. Negotiations can take several months or even years, depending on many factors.

The Trial Phase

Although the majority of injury cases are resolved through settlement negotiations, which are not in court, your attorney may decide to take your case to trial if an acceptable resolution is not attainable. This is a costly and time-consuming process that can be stressful. The jury also has to decide whether the defendant should be held liable for your injuries and what compensation you should be awarded. It is therefore crucial for your lawyer to thoroughly investigate your case at this point to fully understand the nature of your injuries and the extent of your injuries, damages and costs.

At this point, your attorney will summon witnesses and experts to testify. They will also provide evidence in the form of documents, photos, and medical reports. This is 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 judge or jury then evaluates the arguments and evidence of both sides.

The judge will then outline the legal standards to be met in order for the jury to decide in favor of the plaintiff and Injury attorney against the defendant. This is called jury instruction. Each side then makes its closing arguments. If the jury cannot reach an agreement on a final verdict, the judge will declare the trial an unconstitutional trial. If you are not happy with the results of the trial, there could be an appeal available.