Injury Litigation

Legally, it is a process that allows you to get compensation for your injuries and losses. Your injury attorney will build solid evidence for your case, including eyewitness testimony, medical documentation as well as statements of the defendant and expert witness opinions.

Your lawyer will file your lawsuit. After the defendant has responded to the lawsuit, the case will move into the stage of fact-finding, which is known as discovery.

The Complaint

Before the lawsuit can be filed, the injured person (plaintiff) must conduct pre-lawsuit discovery. This includes reviewing accident reports and conducting informal discovery and identifying potentially liable parties and the possible causes of action that could be asserted against them.

The plaintiff is then able to file an accusation and summons. The complaint identifies who is the party that is being sued and injury attorney exposes the harm caused by the defendant's actions or inaction. It usually includes a request to recover damages to compensate the victim for their injuries, including medical bills, lost wages or income, as well as pain and other damages.

The defendant has 30 days to respond, also referred to as an answer. In this response, the defendant is able to acknowledge or deny the allegations made in the complaint. They can also include third party defendants or file an appeal.

During the discovery stage, both parties will exchange relevant information regarding their positions and the evidence. This typically involves depositions written questions (called interrogatories), and requests for documents. This phase usually takes up the majority of the timeline for a lawsuit. If settlement opportunities are available these will occur during this time. The case will proceed to trial if there's no settlement. During this time, your attorney will provide your side of the story before a judge or a jury and the defendant will put on their defense.

The Discovery Phase

Discovery is a formal procedure that permits you and your legal team to share information with the other party and gather evidence. It could include witness statements, information about your medical treatment and evidence of the losses you've suffered. Your attorney can utilize a variety of tools to aid you in discovery, such as interrogatories or requests for documents. Requests for documents are requests to provide all relevant evidence that are within each party's control. Interrogatories require written responses. Requests for admissions require the other side to admit certain facts. This can reduce time and cost since the attorneys do not have to prove these undisputed facts in court. Depositions are live conversations with witnesses, where your attorney can ask them questions about the incident under oath. Their answers will be recorded and transcribed.

Discovery may seem like an uncomfortable, long and intrusive process, but it is essential to gather the evidence you require to be successful in your claim for compensation. Your attorney will be in a position to discuss the details of the discovery process in your free consultation. If you attempt to conceal an injury that is preexisting and has gotten worse due to a medical condition that was already present the information could be discovered during discovery and your case could be thrown out.

The Negotiation Phase

The majority of injury cases seek to settle through negotiations. 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 in deciding on the amount of settlement that you want to demand and then help in negotiations.

The amount of damages, such as medical bills, lost wages, and future loss, is a factor that changes. Your injuries can get worse over time. This could cause further loss or reduce the value of your current losses. Your lawyer will ensure that your damages are determined by the current state of your injuries and a full prognosis for future recovery.

Often insurance companies are trying to limit their payouts for claims by arguing against certain aspects of your case. This could lead to delay in settlement negotiations. However your lawyer can provide strategies to assist you in overcoming these obstacles to get the best outcome for your case. Negotiating an agreement can sometimes take a long time or even years. Numerous factors influence how long settlement negotiations be, but knowing what to expect can make the process less stressful and more effective for you.

The Trial Phase

While the majority of injuries cases are resolved by settlement negotiations outside of court, your attorney may decide to bring your case to trial if a satisfactory resolution is not attainable. This can be a stressful costly and time-consuming process. The jury will also have to decide if you are paid for your injuries and in the event that they do, how much. Your lawyer should thoroughly investigate your case to discover the circumstances surrounding your injury, as well as the severity of damages, injuries, and the costs.

At this point, your lawyer will call witnesses and experts to testify and provide evidence in the form of photographs, documents and medical reports. This is known as the case-in-chief phase. The defense attorney will summon witnesses to testify and argue why the plaintiff shouldn't be awarded damages. The judge or jury considers the evidence and arguments of both sides.

The judge will explain to the jury the legal requirements which must be met in order to decide whether to go in favor of plaintiff or against defendant. This is known as jury instruction. Afterwards, each side makes their closing arguments. If the jury cannot reach an agreement on a final verdict, the judge will declare that the trial an unconstitutional trial. If you're not satisfied with the results of the trial, there could be an appeal to be made.