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 including eyewitness testimony, medical documentation testimony of the defendant, expert witness opinions.

Your lawyer will then file your lawsuit. After the defendant has responded to the lawsuit, the case will move into an investigation of facts, also known as discovery.

The Complaint

Before a lawsuit is filed the person who was injured (plaintiff) must conduct a an investigation prior to filing a lawsuit. This includes looking over police accident reports, making informal discovery and identifying at-fault parties.

Once the plaintiff has done this, they can start a summons as well as a complaint. The complaint details the damage caused by the defendant's action or his actions. It usually includes a request for compensation for the victim's medical expenses, lost income, suffering and other damages resulting from their injury lawyers.

The defendant has 30 days to respond, also known as an answer. In this response, the defendant has the option to accept 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 where both sides exchange relevant information about their respective positions and evidence in the case. This typically involves depositions written questions (called interrogatories), and requests for documents. This usually takes up most of the time for a lawsuit. If there are settlement options that are available, they will be negotiated during this time. The case will go to trial if there is no settlement. During this period your lawyer will present your side of the tale before a judge or jury and the defendant will defend themselves.

The Discovery Phase

Discovery is a formal procedure that permits you and your legal team to exchange information with the other party and gather evidence. This could include witness statements, details regarding your medical treatment, and proof of the losses that you have suffered. Your lawyer can also make use of several different tools during discovery to help your case, such as interrogatories, documents requests and depositions. Interrogatories are written queries that require a written response as well as requests for documents involves requesting all relevant documents that fall under the control of the parties. Requests for injury attorney admission are letters to the other party, asking for them to acknowledge certain facts. This will save time and money since the attorneys don't need to prove their claims in court. Depositions are live, in-person interviews with witnesses. Your attorney can ask them questions about the incident while under the oath. Their responses will be recorded and transcribing.

Discovery may seem like an uncomfortable, long and tedious process, but it's necessary to collect the evidence required to win your injury claim. During your free consultation your attorney will be able to explain the specifics of the discovery process. If you attempt to conceal an injury that has already been aggravated due to a preexisting medical condition This information could be discovered during discovery and your case could be dismissed.

The Negotiation Phase

Negotiating a settlement is the goal of most injuries. This process usually involves an exchange of back-and with your lawyer and that of the responsible party's insurer. 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 ask for your settlement and then assist in negotiations.

The amount of damages, including medical bills, lost wages, and future losses, is a factor that changes. Your injuries could worsen over time. This could cause further losses or reduce the value of current losses. Your attorney will ensure that damages are determined based on the severity of your injuries and your prognosis for the future recovery.

Often insurance companies attempt to limit their payouts for claims by challenging certain elements of your case. This can delay settlement negotiations, but your lawyer has strategies to help you navigate these obstacles and get the most favorable outcome for your case. The process of negotiating an agreement can be a lengthy process that can take months or years. Negotiations can last for months or even years based on many factors.

The Trial Phase

Most cases involving injuries are settled outside of court through settlement negotiations. If the resolution isn't reached the lawyer could decide to proceed to trial. This can be a stressful, expensive and time-consuming process. It also requires the jury to decide whether the defendant is held accountable for your injuries and how much money you will receive. Your lawyer should thoroughly investigate your case to determine the circumstances of your injury lawsuit, the extent of damages, injuries, and the costs.

At this moment, your lawyer will call witnesses and experts to testify. They will also provide evidence in the form of documents, photos, and medical reports. This is known as the case-in-chief phase. The defense attorney will then summon witnesses to testify and argue that the plaintiff should not be awarded damages. The jury or judge will then review the evidence and arguments offered by both parties.

The judge will explain to the jury the legal standards that must be adhered to in order to make a decision in favor of the plaintiff or against the defendant. This is referred to as jury instruction. Each side then makes its closing arguments. If the jury cannot agree on a verdict, the judge will declare the trial a mistrial. In rare instances, an appeal may be available in the event that you are not satisfied with the result of your trial.