Injury Litigation

Injury litigation is a legal procedure through which you can claim compensation for your injuries and losses. Your injury lawyer will use strong evidence to prove your case, such as eyewitness testimonies, medical documentation defense counsel's statements, defendant's testimony, and expert witness opinions.

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

The Complaint

Before the lawsuit can be filed, an injured party (plaintiff) must conduct pre-lawsuit discovery. This involves looking over the police accident reports, conducting informal discovery and identifying potential defendants.

After the plaintiff has completed this, they can make a complaint and summons. The complaint details the damage caused by the defendant's actions or his actions. It usually includes a request for damages for the victim's injuries including medical bills as well as lost wages, pain and suffering and other damages.

The defendant then has 30 days to file a response or answer or answer, in which they accept or deny the allegations contained in the complaint. They can also file an appeal or include a third-party defendant in the suit.

During the discovery phase, both sides will exchange relevant information about their positions and evidence in the case. This phase includes depositions (also known as interrogatories) as well as written questions (also called interrogatories), as well as requests for Injury Law Firms documents. This is usually most of the time for the lawsuit. If settlement opportunities are available they will be made during this period. The case will proceed to trial if there's no settlement. During this period your lawyer will explain your case to a jury or judge and the defendant will take on their defense.

The Discovery Phase

The discovery phase is a formal procedure that permits your legal team and the party at fault to exchange information and collect evidence. This could include witness testimony or details of your medical treatment and evidence of the losses you've suffered. Your attorney may use a variety tools to aid you in discovery, such as interrogatories and requests for documents. Interrogatories are written inquiries that require a written response while requests for documents require the submission of all relevant documents under the control of the parties. Requests for admission are letters to the other party requesting for their admission to certain facts. This will save time and money since attorneys don't have to prove their case at trial. Depositions are live conversations with witnesses, where the attorney can inquire about the incident under oath. have their answers recorded and transcribing by a court reporter.

While discovery may seem like a long, injury law firms intrusive and uncomfortable process but it is an essential step to gather the evidence necessary to win your injury lawyers case. Your attorney will be willing to go over the specifics of the discovery process with you during your no-cost consultation. If you attempt to conceal a preexisting injury that worsened due to a medical condition that was already present This information could be discovered during discovery and your case could be dismissed.

The Negotiation Phase

The majority of injury Law firms cases seek to reach a settlement through negotiation. This usually involves an exchange of back-and between your lawyer and the insurer of the responsible party. 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 request for your settlement and then assist in negotiations.

The amount of damages, which includes medical bills, lost wages, and future losses, is a factor that is dynamic. The severity of your injuries could increase over time, which may increase your losses in the future and decrease the amount of your current losses. Your lawyer will ensure that your damages are determined based on the severity of your injuries as well as the probability of the future recovery.

Insurance companies usually attempt to limit the amount they pay by arguing about certain aspects of your claim. This could result in a delay in settlement negotiations. However your lawyer has strategies to assist you in overcoming these obstacles and get the best outcome for your case. Negotiating an agreement may be a lengthy process that can take months or years. Many factors affect how long settlement negotiations will last, but understanding what to expect will make the process easier and more efficient for you.

The Trial Phase

Most cases involving injuries are settled outside of court through settlement negotiations. If there is no resolution your lawyer could decide to proceed to trial. This can be a costly and time-consuming process that can be stressful. The jury also has to decide whether the defendant is held liable for your injuries, and the amount you should receive. Your lawyer should investigate your case to discover the circumstances of your injuries, the amount of the injuries, damages and the costs.

Your lawyer will now call witnesses and experts and present physical evidence, such as photos documents, medical reports. This is the "case-in-chief" phase. The defense attorney will summon witnesses to testify and argue why the plaintiff should not be awarded damages. The judge or jury considers the arguments and evidence of both parties.

The judge will explain to the jury the legal requirements that must be followed in order for them to decide in the favor of plaintiff or against defendant. This is referred to as jury instruction. After that, both sides present their closing arguments. If the jury cannot reach an agreement on a verdict, the judge will declare that the trial is a mistrial. In some rare instances an appeal could be available if you are not satisfied with the result of your trial.