Injury Litigation

Legally, it is a process by which you can get compensation for your injuries and losses. Your injury attorney will build strong evidence in your case by utilizing eyewitness testimony, medical records as well as statements of the defendant and expert witness opinions.

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

The Complaint

Before filing a lawsuit the person who has been injured (plaintiff) must conduct a an investigation prior to filing a lawsuit. This involves reviewing police accident reports and conducting informal discovery and identifying potential liable parties and possible causes of action that can be asserted against them.

The plaintiff can then file a summons along with a complaint. The complaint outlines the harm caused by the defendant's action or his actions. It typically contains a request for compensation for the victim's medical expenses, lost income, suffering and other damages related to their injuries.

The defendant then has 30 days to file a reply which is referred to as an answer in which they acknowledge or deny the allegations made in the complaint. They may also make an additional counterclaim or add a third-party defendant the suit.

During the discovery phase in the discovery stage, both parties exchange relevant information regarding their positions and evidence. This usually includes depositions, written questions (called interrogatories) and requests for documents. This phase usually takes up the majority of the timeline for a lawsuit. In this phase, if there are any settlement opportunities the possibility of settlement will be discussed. The case will then go to trial if there's no settlement. In this instance your attorney will be able to present your side of the story before a jury or judge and the defendant will take on their defense.

The Discovery Phase

Discovery is a formal phase that permits you and your legal team to exchange information with the other party and gather evidence. It could include witness statements, specifics about your medical treatment and evidence of the losses that you have suffered. Your lawyer can also make use of several tools in discovery to help your case, including interrogatories, requests for documentation and depositions. Requests for documentation are requests to provide all relevant documents that is under each party's control. Interrogatories require written responses. Requests for admission are letters to the other party requesting for them to acknowledge certain facts. This can cut down on time and money as the attorneys don't have to prove their case during trial. Depositions are live conversations with witnesses. During these interviews, your attorney can ask them questions about the incident under an oath. Their answers will be recorded and transcribed.

Although it may seem like a long painful, invasive and uncomfortable process but it is an essential step to gather the evidence necessary for winning your injury case. Your lawyer will be able to discuss the specifics of the discovery process with you during your complimentary consultation. For instance, if you attempt to conceal a preexisting condition that has aggravated your injury it could be discovered during the discovery process and then thrown out of your case.

The Negotiation Phase

Most cases of injury aim to settle the case through negotiation. This usually involves an exchange of information back and with your lawyer and that of the insurer of the party who is responsible. This may include informal conversations/correspondence (by phone, in meetings, by email) where the parties trade offers and counter-offers. Your lawyer can help you determine the best number to request for your settlement and can then assist in negotiations.

The amount of damages, such as medical bills, lost wages and future losses, is a factor that is dynamic. Your injuries may get worse over time. This could increase future losses or diminish the value of your current losses. Your lawyer will ensure that your damages are determined based upon your current injuries and your prognosis for the future recovery.

A lot of times insurance companies attempt to limit the amount they pay for claims by arguing against certain aspects of your case. This can cause delays in settlement negotiations, but your lawyer has strategies to help you navigate these challenges and reach the most favorable outcome for your case. In some cases negotiations to reach an agreement could be lengthy, sometimes even for years. Negotiations can take several months or even years, depending on many factors.

The Trial Phase

Most cases of injury are resolved outside of court through settlement negotiations. However, if the resolution isn't reached, your lawyer may decide to bring the case to trial. This can be a costly lengthy, time-consuming and stressful procedure. The jury must also decide if you should be compensated for your injuries and should they, if so, in what amount. It is therefore important for your lawyer to thoroughly research your case at this point to fully comprehend how you were injured and the extent of your injuries, the damages and expenses.

Your lawyer will now call witnesses as well as experts and present physical evidence, including photographs, documents, and medical reports. This is known as the case-in-chief phase. The defense attorney will call witnesses to testify on behalf of a counter argument and argue that plaintiffs should not be awarded damages. The jury or judge will then take into consideration the evidence and arguments presented by both sides.

The judge will explain to the jury the legal standards that must be followed in order for them to decide whether to go in favor of plaintiffs or against defendants. This is known as jury instruction. Each side then gives its closing arguments. If the jury is unable to agree on a verdict, injury attorney the judge will declare that the trial is an unconstitutional trial. In some cases an appeal could be available if you're not satisfied with the outcome of your trial.