injury law firm Litigation

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

Your lawyer will then start the lawsuit. Once the defendant has responded, the case enters an inquiry stage known as discovery.

The Complaint

Before the lawsuit is filed, an injured person (plaintiff) must conduct pre-lawsuit discovery. This entails reviewing police accident reports as well as conducting informal discovery and identifying any potentially liable parties and possible legal remedies that can be asserted against them.

The plaintiff then has the option of filing an accusation and summons. The complaint identifies the party who is being sued, and describes the harm that was caused by the defendant's actions or inaction. It typically includes a demand for damages for the victim's injuries including medical bills, lost wages as well as pain and suffering, among other damages.

The defendant has 30 days to respond, which is also referred to as an answer. In this response, the defendant is able to accept or deny the allegations made in the complaint. They can also add an additional defendant from a third party or file counterclaims.

During the discovery phase where both sides exchange relevant information about their positions and the evidence they have in the case. This involves depositions (also called interrogatories) as well as written questions (also known as interrogatories), as well as requests for documents. This usually accounts for the majority of the lawsuit timeline. In this stage, if there are any settlement possibilities, these will be discussed. In the event that there is no settlement the case will proceed to trial. In this time your lawyer will explain your story to a jury or judge and the defendant will defend themselves.

The Discovery Phase

The discovery phase is a formal process that permits your legal team and the at-fault party to exchange information and gather evidence. This may include witness statements, specifics about your medical treatment and proof of the losses you've suffered. Your attorney may also employ several different tools in discovery to help your case, such as interrogatories and requests for injured documents and depositions. Interrogatories are written inquiries that require a written answer and requests for documents involve requesting all relevant documents under the control of the parties. Requests for admission are written demands to the other party, asking them to accept certain facts. This can cut down on time and money since attorneys don't need to prove their claims at trial. Depositions are live conversations with witnesses where your attorney is able to ask them questions about the incident under oath. They will get their answers recorded, and then transcribed by a court reporter.

Discovery can be an uncomfortable, lengthy and invasive process, but it is necessary to gather the evidence you need to prove your injury claim. Your attorney will be willing to go over the specifics of the discovery process with you during your free consultation. If you attempt to conceal a preexisting injury lawsuits that worsened due to a medical condition that was already present The information could be discovered during the process of discovery and your case could be dismissed.

The Negotiation Phase

Negotiating a settlement is the primary goal in most injuries. This process usually involves an exchange of information back and between your lawyer and injured that of the responsible party's insurer. This may include informal conversations/correspondence (by phone, in meetings, by email) where the parties trade offers and counter-offers. Your lawyer can help decide on a number to demand your settlement and can then assist in negotiations.

The amount of damages, such as medical bills, lost wages, and future losses, is an aspect that is dynamic. The severity of your injuries could increase over time, which may increase the amount of your future losses and reduce the amount of your current losses. Your attorney will ensure that your damages are determined based on the severity of your injuries and the likelihood of the future recovery.

Insurance companies frequently attempt to limit their payout by challenging certain elements of your claim. This can result in delays in settlement negotiations. However, your lawyer has strategies to help you overcome these obstacles and get the best outcome for your case. In some cases the process of negotiating an agreement can be lengthy, sometimes even for years. There are many factors that affect the length of time settlement negotiations last, but knowing the length to expect will make the process easier and more efficient for you.

The Trial Phase

Although the majority of injury cases are resolved through settlement negotiations, which are not in the courtroom, your attorney could choose to take your case to trial if an acceptable resolution is not attainable. This is a costly, time-consuming and stressful process. It also requires the jury to decide if the defendant should be accountable for your injuries, and how much money you should be awarded. Your lawyer should investigate your case in order to understand the circumstances of your injuries, the amount of the injuries, damages and the costs.

At this moment, your lawyer 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 in rebuttal and argue why the plaintiff should not be awarded damages. The jury or judge will then review the evidence and arguments put forward by both parties.

The judge will then outline the legal standards which must be followed for the jury to find for the plaintiff and against the defendant. This is referred to as jury instruction. Then, each side presents their closing arguments. If the jury cannot reach an agreement on a final verdict, the judge will declare the trial a mistrial. If you're not satisfied with the result of your trial, there could be an appeal option.