Injury Litigation

Legally, it is a procedure that allows you to claim compensation for your injuries and losses. Your injury attorney will build strong evidence in your case, including eyewitness testimony testimony of the defendant, expert witness opinions.

Your lawyer will then start the lawsuit. After the defendant has responded to the lawsuit, the case will move into an investigation of facts, also known as discovery.

The Complaint

Before filing a lawsuit, the injured person (plaintiff), must conduct an investigation prior to the filing of a lawsuit. This includes reviewing accident reports as well as conducting informal discovery and identifying parties that could be liable and legal remedies that can be asserted against them.

Once the plaintiff has done this, they are able to submit a summons and a complaint. The complaint details the damages caused by the defendant's action or his actions. It typically contains a request for compensation for medical expenses, lost income, suffering and other damages resulting from their injuries.

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

During the discovery phase where both sides exchange pertinent information regarding their positions and the evidence in the case. This process includes depositions (also called interrogatories) as well as written questions (also called interrogatories), as well as requests for documents. This phase typically accounts for the major portion of the litigation timeline. If there are settlement opportunities they will be made during this time. In the event that there is no settlement the case will go to trial. In this time your lawyer will present your side before a judge or jury and the defendant will defend themselves.

The Discovery Phase

The discovery phase is a formal process that permits your legal team and the party at fault to exchange information and collect evidence. It could include witness statements, details of the treatment you received from your doctor, and evidence of losses you've suffered. Your attorney can utilize a variety of tools to aid you in discovery, including interrogatories and requests for documents. Requests for documentation are requests to provide all relevant documentation which is within each party's control. Interrogatories require written responses. Requests for admission ask the other party to accept certain facts, which can save time and money as the attorneys don't have to prove these undisputed facts in court. Depositions are live conversations with witnesses. During these interviews, your attorney can ask them questions about the incident under oath. Their answers will be recorded and transcribing.

Discovery may appear to be an uncomfortable, long and intrusive process, but it's necessary to collect the evidence required to prove your injury claim. During your free consultation, your attorney will be able discuss the details of the discovery process. If you attempt to conceal an injury that has already been aggravated due to a medical condition that was already present the information could be discovered during the process of discovery and your case could be thrown out.

The Negotiation Phase

A settlement that is negotiated is the main goal of many lawsuits involving injuries. This process 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, Injury attorney by email) where the parties trade offers and counter-offers. Your lawyer can assist you in deciding on the number of settlement that you want to demand and then help with negotiations.

The amount of damages, which includes medical bills, lost wages and future loss, is a factor that changes. Your injuries can get worse over time, which can increase your losses in the future and decrease the amount of your current losses. Your attorney will work to ensure that your damages are dependent on the current condition of your injuries, and provide a complete outlook for future recovery.

Insurance companies usually attempt to limit their payout by challenging certain elements of your claim. This can result in delays in settlement negotiations. However your lawyer will have strategies to help you overcome these obstacles and achieve the best possible result for your case. Negotiating a settlement can take a long time or even years. Negotiations can take several months or even years, depending on various factors.

The Trial Phase

Most cases involving injuries are settled outside of court through settlement negotiations. If there is no resolution the lawyer could decide to bring the case to trial. This can be a difficult long, expensive and costly process. The jury must also decide if you should be compensated for your injuries and If so, what amount. Your lawyer should investigate your case in order to understand the circumstances of your injuries, the severity of injuries, damages, and costs.

Your attorney will now call witnesses and experts, and will present physical evidence, including photographs, documents, and medical reports. This is known as the "case-in-chief" phase. The defense attorney will call witnesses to testify on behalf of a counter argument, and argue that the plaintiff should not be entitled to damages. The jury or judge will then look at the evidence and arguments presented by both sides.

The judge will then outline the legal standards to be met in order for the jury to come up with a verdict for the plaintiff and against the defendant. This is known 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 is a mistrial. If you're not satisfied with the outcome of your trial, there may be an appeal option.