Injury Litigation

Injuries litigation is the legal process that allows you to recover compensation for your losses and injuries. Your injury lawyer will use strong evidence to prove your case. This includes eyewitness testimony, medical records defense counsel's statements, defendant's testimony, and expert witness opinions.

Your lawyer will file your lawsuit. After the defendant has replied to the lawsuit, the case will move into an investigation of facts, also known as discovery.

The Complaint

Before a lawsuit is filed the person who has been injured (plaintiff), must conduct pre-lawsuit investigations. This includes reading the police accident reports, conducting informal discovery and identifying possible at-fault parties.

After the plaintiff has completed this, they are able to file a summons and complaint. The complaint is a formal declaration of the party who is being sued and describes the harm that was caused by the defendant's conduct or lack thereof. 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 resulting from their injury.

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

During the discovery phase in the discovery stage, both parties exchange relevant information regarding their positions and the evidence. This process includes depositions (also called interrogatories) and written questions (also known as interrogatories) and requests for documents. This usually accounts for the majority of the timeframe for a lawsuit. In this phase, if there are settlement opportunities they will be discussed. The case will then proceed to trial if there's no settlement. In this instance your lawyer will give your case to a judge or jury and the defendant will put on their defense.

The Discovery Phase

The discovery phase is a formal procedure that allows your legal team and the at-fault party to exchange information and gather evidence. This can include witness statements, specifics about your medical treatment as well as proof of the damages you have incurred. Your lawyer may also employ different tools during discovery to help your case, such as interrogatories and requests for documents and depositions. Interrogatories are questions that require a written response while requests for documents requires the submission of all relevant documents that fall under the control of the parties. Requests for admission are letters to the other party, asking them to accept certain facts. This will save time and cost as the attorneys don't have to prove their case at trial. Depositions are live conversations with witnesses. Your attorney can ask them questions regarding the incident while under oath. Their answers will be recorded and transcribed.

Discovery may seem like an uncomfortable, lengthy and invasive process, but it's necessary to collect the evidence required to be successful in your claim for compensation. Your lawyer will be in a position to discuss the details of the discovery process with you during your free consultation. For example, if you attempt to conceal a preexisting condition that has aggravated your injury or aggravated, the information could be discovered during the discovery process and removed from your case.

The Negotiation Phase

Most cases of injury aim to settle a case through negotiation. The process to achieve this goal is usually a back-and-forth exchange between your lawyer and the responsible party's 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 help you decide on a number to demand for your settlement and can then assist in negotiations.

The amount of damage, which includes medical bills, lost wages, and future losses, is a variable that is dynamic. Your injuries may worsen over time, which may increase your future losses, and reduce the value of your current losses. Your lawyer will ensure that damages are determined based upon your current injuries as well as the probability of the future recovery.

A lot of times, insurance companies are trying to limit the amount they pay for claims by arguing against specific aspects of your case. This can prolong settlement negotiations however, your lawyer can provide strategies to help you overcome these issues and get the best possible outcome for your case. In some cases, the process of negotiating an agreement can be a long process that can take months or even years. Negotiations can last for several months or even years, depending on many different factors.

The Trial Phase

While the majority of cases involving injuries are resolved through settlement talks outside of court, injury your attorney may decide to bring your case to trial if an acceptable resolution is not reached. This can be a costly, time-consuming and stressful process. It also requires the jury to decide whether the defendant is responsible for your injuries and the amount you will receive. Your lawyer should investigate your case to determine the circumstances of your injury, the extent of damages, injuries and the costs.

Your attorney will then call witnesses as well as experts and present physical evidence, such as photos, documents, and medical reports. This is known as the "case-in-chief" phase. The defense attorney will then call witnesses to testify in rebuttal and argue why the plaintiff should not be awarded damages. The jury or judge will then review the evidence and arguments presented by both parties.

The judge will then explain the legal requirements which must be followed for the jury to decide in favor of the plaintiff and against the defendant. This is known as jury instruction. Each side then makes its closing arguments. If the jury cannot reach a consensus, the judge will declare a mistrial. In some cases appeals may be available in the event that you are not satisfied with the result of your trial.