Injury Litigation

Legally, it is a process by which you can claim compensation for your injuries and losses. Your injury attorney will build solid evidence in your case, including eyewitness testimony, medical documentation in the form of defendant statements, expert witness opinions.

Your lawyer will start the lawsuit. After the defendant responds, the case enters a fact-finding stage called discovery.

The Complaint

Before a lawsuit can be filed, the injured person (plaintiff) must conduct pre-lawsuit discovery. This includes looking over the police accident reports, conducting informal discovery and injury attorney identifying possible at-fault parties.

The plaintiff is then able to file an accusation and summons. The complaint outlines the harm caused by the defendant's actions or his inaction. It typically contains a request for damages for injuries suffered by the victim, including medical bills, lost wages or income, as well as pain and other damages.

The defendant is then given 30 days to file a response, known as an answer in which they acknowledge or deny the allegations in the complaint. They may also make a counterclaim or injury attorney add a third party defendant to the suit.

During the discovery phase in the discovery phase, both sides will exchange pertinent information regarding their respective positions and evidence in the case. This involves depositions (also known as interrogatories), written questions (also known as interrogatories) and requests for documents. This usually accounts for the major portion of the litigation timeline. In this stage, if there are settlement opportunities the possibility of settlement will be discussed. If not the case will go to trial. During this time the attorney will explain 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 allows your legal team and the party at fault to exchange information and collect evidence. This could include witness testimony and details about your medical treatment, as well as evidence of the losses you've suffered. Your attorney can utilize a variety of tools to assist you during discovery, such as interrogatories or requests for documents. Interrogatories are questions that require a written response, while request for documents involves requesting all relevant documents that fall under the control of each party. Requests for admission are letters to the other side asking for them to acknowledge certain facts. This can save time and cost as the attorneys don't have to prove the facts during trial. Depositions are live conversations with witnesses. Your attorney can ask them questions regarding the incident while under oath. Their responses will be recorded and transcribing.

Discovery can be an uncomfortable, lengthy and time-consuming process, however it is necessary to gather the evidence you need to prove your injury claim. During your free consultation with your attorney, you can discuss the specifics of the discovery process. For instance, if you attempt to conceal a preexisting health issue that caused your injury to get worse, this information could be discovered during the discovery process and then thrown out of your case.

The Negotiation Phase

Reaching a negotiated settlement is the main goal of many injury cases. The process of 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 assist you determine the best number to demand your settlement, and then assist in negotiations.

One of the issues with settlement of an injury lawyers claim is that the amount of your damages which includes medical bills or lost income as well as future losses - is an evolving aspect. Your injuries could get worse over time, which could increase your future losses and decrease the amount of your current losses. Your attorney will work to ensure that your damages are dependent on the current condition of your injuries as well as a full prognosis for future recovery.

Most often insurance companies attempt to limit their payout for claims by arguing against certain aspects of your case. This could result in a delay in settlement negotiations. However your lawyer will have strategies to assist you in overcoming these obstacles and get the best outcome for your case. In certain cases negotiations to reach an agreement can be lengthy, sometimes even for years. Negotiations can take months or even years depending on various factors.

The Trial Phase

Most injury cases are resolved outside of court through settlement negotiations. However, if a resolution is not reached your lawyer might decide to take the case to trial. It is a costly, time-consuming and stressful process. The jury must also decide if you should be compensated for your injuries, and If so, what amount. It is therefore important for your lawyer to thoroughly research your case in this phase to fully understand the nature of your injuries and the extent of your injuries, the damages and costs.

Your attorney will now call witnesses and experts and present evidence, such as photos, documents, and medical reports. This is referred to as the case-in­-chief phase. The defense attorney will call witnesses to testify for counter argument, and argue that plaintiffs shouldn't be awarded damages. The judge or jury will then consider the evidence and arguments made by both sides.

The judge will explain to the jury the legal requirements that must be followed in order to decide in the favor of plaintiff or against defendant. This is called jury instruction. Afterwards, each side makes their closing arguments. If the jury cannot reach an agreement on a decision, the judge will declare that the trial an unconstitutional trial. If you are not happy with the outcome of your trial, there might be a right to appeal.