Injury Litigation

injury lawsuits litigation is the legal process that allows you to seek compensation for your losses and injuries. Your injury lawyer will develop solid evidence in your case that includes eyewitness testimony, medical records in the form of defendant statements, expert witness opinions.

Your lawyer will then start the lawsuit. Once 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 a lawsuit can be filed, the injured party (plaintiff) must conduct pre-lawsuit discovery. This includes reviewing police accident reports as well as conducting informal discovery and identifying potential liable parties and causes of action that can be brought against them.

The plaintiff is then able to file an accusation and summons. The complaint is a formal declaration of the party that is being sued and describes the harm caused by the defendant's conduct or inaction. It typically includes a request for compensation for medical expenses, lost income, pain and suffering, and other damages resulting from their injuries.

The defendant has 30 days to respond, also referred to as an answer. In this response, the defendant can admit or deny any allegations made in the complaint. They can also include an additional defendant, or file a counterclaim.

During the discovery phase during the discovery phase, both parties will share pertinent information about their positions and the evidence. This usually involves depositions, written questions (called interrogatories), and requests for documents. This is typically the major portion of the litigation timeline. If there are settlement possibilities 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 side of the story before a judge or jury and the defendant will defend themselves.

The Discovery Phase

Discovery is a formal stage that permits you and your legal team to exchange information with the other party and collect evidence. This may include witness statements, specifics regarding your medical treatment, as well as proof of the damages you've incurred. Your lawyer may also employ several different tools during discovery to assist your case, such as interrogatories and requests for documents and depositions. Interrogatories are written questions which require a response in writing and requests for documents require the submission of all relevant documentation under the control of each party. Requests for admission are letters to the other party asking them to accept certain facts. This can save time and money since the attorneys don't have to prove the facts at trial. Depositions are live interviews of witnesses where your attorney is able to ask them questions about the incident under oath. They will have their answers recorded and transcribed by a court reporter.

Discovery may seem like an uncomfortable, lengthy and intrusive process, but it's necessary to collect the evidence required to prove your injury claim. During your free consultation the attorney can discuss the details of the discovery process. For instance, if attempt to conceal a preexisting condition that has caused your injury to worsen or aggravated, the information could be discovered in the process of discovery and removed from your case.

The Negotiation Phase

The majority of cases involving injuries aim to reach a settlement through negotiation. 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 decide on a number to demand for your settlement and then assist in negotiations.

One of the difficulties of the process of settling a claim for injury is that the amount of your damages including medical expenses as well as lost income and future losses - is an evolving aspect. Your injuries could get worse over time, which can increase your future losses, and reduce the value of your current losses. Your attorney will ensure that your damages are calculated based on your current injuries as well as the probability of future recovery.

Insurance companies usually try to limit their payout by disputing certain elements of your claim. This could delay settlement negotiations however, your lawyer has strategies to help you get through these challenges and reach the most favorable outcome for your case. In certain cases, the process of negotiating an agreement can be lengthy, sometimes even for years. There are many factors that affect how long settlement negotiations will last, but knowing the length to expect will make the process easier and more efficient for you.

The Trial Phase

Most cases of injury are resolved outside of court through settlement negotiations. However, if a resolution is not reached your lawyer might decide to bring the case to trial. This is a stressful, expensive and time-consuming process. The jury will also have to decide if you are compensated for your injuries and if so, how much. It is therefore crucial for your lawyer to thoroughly research your case prior to the trial to fully comprehend the way you were injured, the extent of your injuries, the damages and expenses.

Your attorney will then call witnesses as well as experts and present physical evidence, like photographs documents, medical reports. This is referred to as the case-in­-chief phase. The defense attorney will summon witnesses to testify and argue for the reasons why the plaintiff shouldn't be awarded damages. The judge or jury will then look at the evidence and arguments made by both sides.

The judge will then outline the legal requirements that must be met in order for the jury to decide in favor of the plaintiff and against the defendant. This is referred to as jury instruction. Each side then gives its closing arguments. If the jury cannot reach an agreement on a verdict the judge will declare that the trial is an unconstitutional trial. If you're not satisfied with the result of the trial, there could be an appeal option.