Injury Litigation

The process of suing for injury law firms is a legal process that allows you to recover compensation for your injuries and losses. Your injury attorney will build solid evidence in your case, including eyewitness testimony, medical documentation testimony of the defendant, expert witness opinions.

Your lawyer will start the lawsuit. Once the defendant has responded to your lawsuit, the case goes into a stage of fact-finding called discovery.

The Complaint

Before a lawsuit is filed the person who suffered the injury (plaintiff), must conduct an investigation prior to the filing of a lawsuit. This includes reviewing the police accident reports, conducting informal discovery and identifying possible responsible parties.

The plaintiff is then able to file a summons with a complaint. The complaint details the damage caused by the defendant's actions or his inaction. The typical complaint will include a demand for compensation for medical expenses and lost income, as well as suffering and pain, as well as other damages that result from their injuries.

The defendant then has 30 days to file a reply or answer, in which they admit or deny the allegations contained in the complaint. They may also add a third party defendant or file a counterclaim.

During the discovery phase the parties will exchange relevant information regarding their positions and evidence. This usually involves depositions, written questions (called interrogatories) and requests for documents. This usually accounts for the majority of the timeframe for a lawsuit. In this stage, if there are any settlement options they will be discussed. The case will go to trial if there is no settlement. In this instance your attorney will be able to give your case to a judge or jury and the defendant will put on their defense.

The Discovery Phase

Discovery is a formal procedure that allows you and your legal team to share information with the other party and gather evidence. It could include witness statements, specifics regarding your medical treatment, and proof of the losses you've incurred. Your attorney may use a variety tools to help you during discovery, such as interrogatories or requests for documents. Requests for documentation are requests to provide all relevant documentation which is within each party's control. Interrogatories require written responses. Requests for admission are letters to the other party asking them to admit certain facts. This could save time and cost as the attorneys do not need to prove the facts at trial. Depositions are live conversations with witnesses where your attorney is able to inquire about the incident under oath. have their answers recorded and translated by a court reporter.

While discovery may seem like a lengthy process that is invasive, uncomfortable and tedious but it's a crucial step to gather the evidence you need to win your injury case. Your lawyer will be willing to go over the specifics 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, this information may be found out during discovery and your case could be dismissed.

The Negotiation Phase

The negotiation of a settlement is the primary goal in most lawsuits involving injuries. This usually involves an exchange of back-and to and back-and-forth between your lawyer as well as that of the insurer of the party who is responsible. This may include informal conversations/correspondence (by phone, in meetings, by email) where the parties trade offers and counter-offers. Your lawyer can help you in determining the amount of settlement you wish to seek and assist in negotiations.

The amount of damages, such as medical bills, lost wages, injury attorney and future losses, is a variable that is dynamic. The severity of your injuries could increase as time passes, which could increase your future losses, and reduce the value of your current losses. Your lawyer will ensure that damages are determined based on your current injuries and the likelihood of the future recovery.

Insurance companies typically attempt to limit the amount they pay by disputing certain elements of your claim. This could lead to delay in settlement negotiations. However, your lawyer will have strategies that will help you overcome these hurdles and obtain the best possible result for your case. In some cases negotiations to reach an agreement could be lengthy, sometimes even for years. Negotiations can last for several months or even years, depending on various factors.

The Trial Phase

The majority of injury cases are settled outside of court through settlement negotiations. If there is no resolution your lawyer might decide to take the case to trial. This is an expensive lengthy, time-consuming and stressful procedure. The jury must also decide if you are compensated for your injuries and, in the event that they do, how much. Your lawyer must thoroughly research your case to understand the circumstances surrounding your injury, as well as the severity of damages, injuries and the costs.

At this point, your attorney will summon witnesses as well as experts to testify and present physical evidence such as documents, photographs, and medical reports. This is the "case-in-chief" phase. The defense attorney will summon witnesses to testify and injury attorney argue for the reasons why the plaintiff shouldn't be awarded damages. The judge or jury evaluates the evidence and arguments of both sides.

The judge will explain to the jury the legal standards which must be met in order to make a decision in favor of plaintiff or against defendant. This is referred to as jury instruction. Each side then gives its closing arguments. If the jury cannot reach an agreement on a decision, the judge will declare the trial a mistrial. In some cases an appeal could be available in the event that you are not satisfied with the results of your trial.