Injury Litigation

The legal process which allows you to claim compensation for your injuries and losses. Your injury attorney will build solid evidence in your case that includes eyewitness testimony, medical documentation, defendant statements and expert witness opinions.

Your lawyer will then file your lawsuit. After the defendant has replied, the case moves into the phase of fact-finding known as discovery.

The Complaint

Before the lawsuit is filed, an injured party (plaintiff) must conduct pre-lawsuit discovery. This entails reviewing police accident reports as well as conducting informal discovery and identifying parties that could be liable and the possible causes of action that could be asserted against them.

Once the plaintiff has done this, they are able to submit a summons and a complaint. The complaint details the damage caused by the defendant or injury attorney his inaction. The typical complaint will include a demand for compensation for medical expenses, lost income, suffering and pain, and other damages that result from their injuries.

The defendant has 30 days to respond, also known as an answer. In this response, the defendant is able to admit or deny any claims made in the complaint. They can also file counterclaims or add a third party defendant to the suit.

During the discovery phase where both sides exchange relevant information about their positions and evidence in the case. This phase includes depositions (also known as interrogatories) as well as written questions (also known as interrogatories) and requests for documents. This is usually most of the time for a lawsuit. In this stage, if there are settlement opportunities that are discussed, they will be discussed. The case will then go to trial if there is no settlement. During this time your lawyer will explain your side of the story to a jury or judge 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 collect evidence. This may include witness testimony and details about your medical treatment, and proof of losses you have suffered. Your attorney can also use various tools during discovery to aid your case, including interrogatories, requests for documents and depositions. Requests for documents are the requests to provide all relevant evidence that is within the respective parties' control. Interrogatories require written responses. Requests for admission are written letters to the other party, asking them to admit certain facts. This could save time and money since attorneys don't have to prove their case during trial. Depositions are live, in-person interviews with witnesses. Your attorney can ask them questions regarding the incident while under oath. Their responses will be recorded and then transcribed.

Discovery can be an uncomfortable, long and invasive process, but it's necessary to collect the evidence required to prove your injury claim. During your free consultation, your attorney will be able to explain the specifics of the discovery process. If you try to hide a preexisting injury that worsened due to a medical condition that was already present the information could be discovered during discovery and your case could be dismissed.

The Negotiation Phase

Most cases of injury aim to settle the case through negotiations. This usually involves an exchange of information back and with your lawyer and 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 assist in deciding on the number of settlement that you want to demand and then help with negotiations.

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

Often, insurance companies are trying to limit their payout for claims by challenging certain aspects of your case. This can delay settlement negotiations however, your lawyer can provide strategies to help you overcome these difficulties and achieve the best possible outcome for your case. Negotiating a settlement can take months or years. Negotiations can last for months or even a whole year based on a variety of factors.

The Trial Phase

Most cases of injury are settled outside of court through settlement negotiations. If a resolution is not reached, your lawyer may decide to go to trial. This is a stressful long, expensive and costly procedure. The jury also has to decide whether the defendant should be responsible for your injuries and how much money you should receive. Your lawyer should thoroughly investigate your case to discover the circumstances surrounding your injuries, the severity of injuries, damages, and costs.

Your lawyer will now call witnesses and experts and present evidence, like photographs documents, documents, and medical reports. This is known as the "case-in-chief" phase. The defense attorney will summon witnesses to testify in rebuttal and argue for the reasons why the plaintiff shouldn't be awarded damages. The judge or jury will then take into consideration the evidence and arguments made by both parties.

The judge will explain to jurors the legal standards that must be adhered to in order for them to decide in favor of plaintiff or against defendant. This is referred to as jury instruction. Following that, each side will present their closing arguments. If the jury cannot agree on a final verdict, the judge will declare that the trial a mistrial. If you're not satisfied with the results of your trial, there might be an appeal option.