Injury Litigation

Injuries litigation is a legal process that allows you to get compensation for your injuries and losses. Your lawyer will create solid evidence in your case including eyewitness testimony, medical documents in the form of defendant statements, expert witness opinions.

Your lawyer will then begin to file your lawsuit. Once the defendant has responded to your lawsuit, the case goes into a stage of fact-finding called discovery.

The Complaint

Before the lawsuit is filed, an injured party (plaintiff) must conduct pre-lawsuit discovery. This includes reviewing accident reports, conducting informal discovery, and identifying parties that could be liable and injury lawsuit available causes of action that could be asserted against them.

The plaintiff may then file a summons along with a complaint. The complaint details the damages caused by the defendant's or his actions. The typical complaint will include a demand for compensation for medical expenses and lost income, as well as suffering and pain, and other damages arising from their injury.

The defendant then has 30 days to file a response called an answer in which they either admit or deny the allegations contained in the complaint. They can also add an additional defendant, or make counterclaims.

During the discovery phase in the discovery phase, both sides will exchange relevant information about their respective positions and evidence in the case. This typically includes depositions, written questions (called interrogatories) and requests for documents. This phase usually takes up most of the time for an action. If there are settlement options that are available, they will be negotiated during this period. The case will proceed to trial if there's no settlement. During this time, your attorney will present your perspective 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 at-fault party to exchange information and collect evidence. This can include witness testimony as well as details of your medical treatment and proof of losses you have suffered. Your lawyer may also employ different tools in discovery to help your case, including interrogatories, requests for documentation and depositions. Requests for documents are the requests to provide all relevant evidence which is within each party's control. Interrogatories require written responses. Requests for admission require the other party to acknowledge certain facts, which can reduce time and cost since the attorneys 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 responses will be recorded and then transcribed.

Discovery may seem like an uncomfortable, long and intrusive process, but it is essential to collect the evidence you need to be successful in your claim for compensation. During your free consultation your attorney will be able discuss the specifics of the discovery process. For example, if you try to hide a preexisting health issue that caused your injury Lawsuit to get worse or aggravated, the information could be discovered during the discovery process and thrown out of your case.

The Negotiation Phase

The majority of cases involving injuries aim to reach a settlement through negotiation. The process for achieving this goal is usually a back-and-forth exchange 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 help you in deciding on the amount of settlement you wish to demand and then help in negotiations.

The amount of damages, including medical bills, lost wages, and future losses, is a factor that is always changing. Your injuries could get worse over time. This could result in a rise in future losses or decrease the value of your current losses. Your attorney will ensure that your damages are determined based on your current injuries as well as the probability of future recovery.

Insurance companies usually attempt to limit the amount they pay by arguing against certain aspects of your claim. This could result in a delay in settlement negotiations. However, your lawyer can provide strategies to help you overcome these hurdles and obtain the best possible result for your case. The process of negotiating an agreement can be a lengthy process that can take months or years. There are many factors that affect the length of time that settlement negotiations last, but understanding what to expect can make the process easier and more efficient for you.

The Trial Phase

While the majority of injuries cases are resolved by settlement negotiations outside of court, your lawyer may decide to bring your case to trial if a fair solution is not reached. This is a stressful, expensive and time-consuming procedure. The jury must also decide if you are compensated for your injuries, and should they, if so, in what amount. Your lawyer should thoroughly investigate your case to discover the circumstances of your injury lawyers, as well as the severity of damages, injuries and the costs.

At this point, your lawyer will call witnesses and experts to testify and present evidence of physical nature, such as documents, photographs and medical reports. This is the "case-in-chief" phase. The defense attorney will summon witnesses to testify as a rebuttal and argue that the plaintiff should not receive damages. The judge or jury then decides on the evidence and arguments of both sides.

The judge will then explain the legal standards to be met in order for the jury to decide in favor of the plaintiff and against the defendant. This is called jury instruction. Each side then presents its closing arguments. If the jury cannot agree on a decision, the judge will declare that the trial is a mistrial. If you are not happy with the outcome of the trial, there could be an appeal available.