injury lawsuit Litigation

The process of suing for injury is a legal process by which you can get compensation for your injuries and losses. Your injury attorney will build strong evidence in your case, including eyewitness testimony, medical documents, defendant statements and injury attorney expert witness opinions.

Your lawyer will then start the lawsuit. After the defendant responds and the case is moved to a fact-finding stage called discovery.

The Complaint

Before a lawsuit is filed, the injured person (plaintiff) must conduct a an investigation prior to filing a lawsuit. This entails reviewing police accident reports as well as conducting informal discovery and identifying parties that could be liable and available causes of action that can be brought against them.

The plaintiff may then file a summons along with a complaint. The complaint details the damage caused by the defendant's action or his inaction. It typically contains a request for compensation for the victim's medical expenses, lost income, suffering and other damages that result from their injury.

The defendant will then have 30 days to file a response which is referred to as an answer in which they either admit or deny the allegations made in the complaint. They may also make an appeal or add a third-party defendant the suit.

During the discovery phase where both sides exchange relevant information about their respective positions and evidence in the case. This involves depositions (also called interrogatories), written questions (also called interrogatories) and requests for documents. This phase typically accounts for the most of the timeline for lawsuits. If there are settlement options they will be made during this period. The case will proceed to trial if there is no settlement. During this time your lawyer will explain your side of the tale before a judge or jury and the defendant will defend themselves.

The Discovery Phase

Discovery is a formal process that permits you and your legal team to share information with the other party and gather evidence. This could include witness testimony, details of the treatment you received from your doctor, and evidence of the losses you've suffered. Your lawyer may also employ different tools during discovery to aid your case, such as interrogatories and requests for documents and depositions. Interrogatories are written inquiries that require a response written and requests for documents requires the submission of all relevant documentation under the control of each party. Requests for admissions ask the other party to acknowledge certain facts, which can reduce time and cost since the attorneys do not have to prove these undisputed facts in court. Depositions are live, in-person interviews with witnesses, where your attorney can ask them questions regarding the incident under an oath. Their answers will be recorded and transcribed.

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

The Negotiation Phase

Most cases of injury aim to settle the case through negotiations. This usually involves an exchange of back-and between your lawyer and 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 assist you decide on the number you want to request for your settlement and can then assist in negotiations.

One of the issues with the process of settling a claim for injury is that the amount you are owed - including your medical bills, lost income, and future losses - can be a volatile aspect. Your injuries could worsen over time. This could increase future loss or reduce the value of current losses. Your attorney will work to ensure that your damages are based on the current state of your injuries, and provide an accurate prediction of your future recovery.

Insurance companies often attempt to limit the amount they pay by arguing about certain aspects of your claim. This can cause delays in settlement negotiations however, your lawyer has strategies to help you navigate these difficulties and achieve the best possible outcome for your case. In some cases, the process of negotiating an agreement could be a long process that can take months or even years. There are many factors that affect the length of time settlement negotiations be, but knowing what to expect can make the process less stressful and more efficient for you.

The Trial Phase

The majority of injury cases are settled outside of court through settlement negotiations. If there is no resolution, your lawyer may decide to go to trial. This can be a costly and time-consuming process that can be stressful. The jury must also decide if you should be compensated for your injuries and, in the event that they do, how much. Your lawyer must thoroughly investigate your case in order to understand the circumstances surrounding your injury, as well as the severity of the injuries, damages and costs.

Your lawyer will now call witnesses and experts and present physical evidence, like photographs documents, documents, and medical reports. This is the "case-in-chief" phase. The defense attorney will summon witnesses to testify and argue why the plaintiff shouldn't be awarded damages. The jury or judge will then review the evidence and arguments put forward by both parties.

The judge will then go over the legal requirements to be met in order for the jury to rule for the plaintiff and against the defendant. This is known as jury instruction. After that, both sides present their closing arguments. If the jury is unable reach a consensus on a verdict and the judge declares a mistrial. In some rare instances an appeal could be available if not satisfied with the results of your trial.