Injury Litigation

Injury litigation is the legal procedure which allows you to claim compensation for your injuries and losses. Your injury attorney will build solid evidence in your case, including eyewitness testimony as well as statements of the defendant and expert witness opinions.

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

The Complaint

Before a lawsuit is filed, an injured party (plaintiff) must conduct pre-lawsuit discovery. This includes studying police accident reports, making informal discovery, and identifying potential defendants.

The plaintiff may then file a summons with a complaint. The complaint describes the harm caused by the defendant or his inaction. It typically includes a demand injury attorney to seek damages for injuries suffered by the victim, including medical bills and lost wages along with pain and suffering and other damages.

The defendant has 30 days to respond, which is also referred to as an answer. In this response, the defendant has the option to admit or deny any claims made in the complaint. They can also file counterclaims or include a third-party defendant in the suit.

During the discovery stage during the discovery phase, both parties will share relevant information regarding their positions and evidence. This process includes depositions (also called interrogatories) as well as written questions (also called interrogatories) and requests for documents. This is typically the majority of the timeframe for a lawsuit. In this stage, if there are any settlement options that are discussed, they will be discussed. If not the case will proceed to trial. During this time your lawyer will present your side of the tale to a jury or judge and the defendant will defend themselves.

The Discovery Phase

Discovery is a formal phase that permits you and your legal team to share information with the other party and collect evidence. This can include witness testimony as well as details of the treatment you received from your doctor, and evidence of losses you've suffered. Your attorney can utilize a variety of tools to aid you in discovery, including interrogatories and requests for documents. Requests for documentation are requests to provide all relevant documents which is within each party's control. Interrogatories require written responses. Requests for admission require the other party to accept certain facts. This could reduce time and cost since the attorneys do not have to prove these facts during trial. Depositions are live, in-person interviews with witnesses, during which your attorney can ask them questions about the incident under oath. Their responses will be recorded and transcribing.

Discovery can be an uncomfortable, long and time-consuming process, however it is necessary to gather the evidence you require to be successful in your claim for compensation. During your free consultation with your attorney, you can discuss the specifics of the discovery process. For instance, if you try to hide a preexisting health issue that caused your injury to get worse and this information is discovered in the process of discovery and thrown out of your case.

The Negotiation Phase

Most cases of injury aim to settle a case through negotiations. The process typically involves a exchange of back and forth 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 in deciding on the amount of settlements you wish to request and assist with negotiations.

The amount of damages, such as medical bills, lost wages and future loss, is a factor that is dynamic. Your injuries could get worse over time. This could cause further losses or diminish the value of your current losses. Your attorney will ensure that damages are determined based on the severity of your injuries and the likelihood of the future recovery.

Insurance companies usually attempt to limit their payout by challenging certain elements of your claim. This can result in delay in settlement negotiations. However, your lawyer will have strategies to assist you in overcoming these obstacles and get the best possible outcome for your case. In some instances negotiations to reach an agreement could be lengthy, sometimes even for years. Negotiations can take months or even years based on many factors.

The Trial Phase

Most injury cases are resolved without court through settlement negotiations. However, if the resolution isn't reached your lawyer might decide to bring the case to trial. This can be a costly lengthy, time-consuming and stressful procedure. It also requires the jury to decide whether the defendant should be responsible for your injuries, and how much money you should receive. Your lawyer must thoroughly investigate your case to discover the circumstances of your injury lawsuit, the extent of injuries, damages, and the costs.

At this point, your lawyer will summon witnesses and experts to testify and present evidence of physical nature, such as 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 as to why the plaintiff should not be awarded damages. The jury or judge evaluates the evidence and arguments of both parties.

The judge will explain to jurors the legal standards that must be met in order for them to make a decision in favor of plaintiff or against defendant. This is known as jury instruction. Then, each side presents their closing arguments. If the jury is unable to reach a consensus and the judge decides to declare a mistrial. In some cases appeals may be available in the event that you are unhappy with the outcome of your trial.