Injury Litigation

Injuries litigation is a legal procedure through which you can get compensation for your injuries and losses. Your lawyer for injury lawyer will construct strong evidence for your case by utilizing eyewitness testimony, medical records in the form of defendant statements, expert witness opinions.

Your lawyer will file your lawsuit. If the defendant does not respond then the case goes to the discovery phase, which is a process of finding facts.

The Complaint

Before a lawsuit is filed the person who has been injured (plaintiff), must conduct an investigation prior to filing a lawsuit. This entails reviewing police accident reports and conducting informal discovery and identifying potentially liable parties and injuries available legal remedies that can be filed against them.

After the plaintiff has completed this, they can submit a summons and a complaint. The complaint outlines the harm caused by the defendant's action or his actions. It usually includes a request for compensation for injuries suffered by the victim, including medical bills loss of 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 may admit or deny any allegations made in the complaint. They may also add third party defendants or make counterclaims.

During the discovery phase, both parties will exchange relevant information regarding their positions and the evidence. This process includes depositions (also called interrogatories) as well as written questions (also called interrogatories), as well as requests for documents. This is usually most of the time for an action. In this phase, if there are any settlement options that are discussed, they will be discussed. Otherwise, the case will progress to trial. During this time your lawyer will present your perspective to a judge or jury and the defendant will put on their defense.

The Discovery Phase

Discovery is a formal phase that permits you and your legal team to share information with the other party and collect evidence. This can include witness statements, details about your medical treatment as well as proof of the damages that you have suffered. Your lawyer can also make use of different tools during discovery to help your case, such as interrogatories, documents requests and depositions. Interrogatories are written queries which require a response in writing as well as requests for documents require the submission of all relevant documents under the control of the parties. Requests for admissions require the other party to acknowledge certain facts. This can save time and money since the attorneys don't have to prove the facts uncontested during trial. Depositions are recorded interviews with witnesses where your attorney is able to inquire about the incident under oath, and have their answers recorded and transcribed by a court reporter.

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 capable of discussing the details of the discovery process with you during your complimentary consultation. If you try to hide an injury that was already present and aggravated due to a preexisting medical condition, this information may be discovered during the process of discovery and your case could be dismissed.

The Negotiation Phase

The majority of injury cases seek to settle the case through negotiation. The process to achieve this goal typically involves an exchange of information between your lawyer and the 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 assist you decide on the number you want to demand for your settlement, and then assist in negotiations.

One of the challenges of settling an injury claim is that the amount of your damages - including your medical bills or lost income as well as future losses - is a constantly changing factor. The severity of your injuries could increase over time, which may increase your future losses, and reduce the value of your current losses. Your attorney will ensure that damages are determined based upon your current injuries and the likelihood of the future recovery.

Often insurance companies are trying to limit their payouts for claims by arguing against specific elements of your case. This could result in a delay in settlement negotiations. However your lawyer will have strategies to help you overcome these obstacles and get the best possible result 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 take months or even years based on a variety of factors.

The Trial Phase

The majority of injury cases are resolved without court through settlement negotiations. However, if there is no resolution the lawyer could decide to proceed to trial. This can be a costly and time-consuming process that can be stressful. It also requires the jury to decide whether the defendant should be accountable for your injuries, and how much money you should be awarded. It is crucial for your lawyer to conduct a thorough investigation of your case in this phase to fully comprehend how you were injured and the severity of your injuries, the damages and costs.

At this point, your attorney will call witnesses and experts to testify, and present evidence of physical nature, such as documents, photographs and medical reports. This is the "case-in-chief" phase. The defense attorney will call witnesses to testify on behalf of a rebuttal and argue that the plaintiff should not receive damages. The judge or jury will then consider the evidence and arguments offered by both parties.

The judge will explain to the jury the legal standards which must be met in order to decide in favor of plaintiff or against defendant. This is known as jury instruction. Each side then makes its closing arguments. If the jury fails to reach a consensus and the judge decides to declare a mistrial. If you are not happy with the results of your trial, there could be an appeal available.