injury law firms Litigation

Injuries litigation is the legal process which allows you to claim compensation for your losses and injuries. The lawyer representing you will utilize strong evidence to prove your case, such as eyewitness testimony, medical documents as well as the statements of the defendant and expert witness opinions.

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

The Complaint

Before the lawsuit can be filed, the injured person (plaintiff) must conduct pre-lawsuit discovery. This includes reviewing police accident reports and conducting informal discovery and identifying any potentially liable parties and the possible causes of action that may be brought against them.

After the plaintiff has completed this, they are able to start a summons as well as a complaint. The complaint outlines the harm caused by the defendant's action or his inaction. It usually includes a request 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, also known as an answer. In this response, the defendant may admit or deny any claims made in the complaint. They can also include an additional defendant, or make an appeal.

During the discovery stage the parties will exchange pertinent information about their positions and evidence. This process includes depositions (also called interrogatories) as well as written questions (also known as interrogatories) as well as requests for documents. This process usually occupies most of the time for a lawsuit. If there are settlement possibilities, they will take place during this period. The case will proceed to trial if there's no settlement. During this period your attorney will be able to provide your side of the story before a jury or judge and the defendant will put on their defense.

The Discovery Phase

The discovery phase is a formal procedure that permits your legal team and the party at fault to exchange information and gather evidence. This can include witness statements, specifics regarding your medical treatment, and proof of the expenses that you have suffered. Your attorney can also use different tools during discovery to help your case, such as interrogatories, requests for documentation and depositions. Interrogatories are written questions that require a written response as well as requests for documents involves requesting all relevant documentation that is under the control of each party. Requests for admission are written letters to the other party asking them to admit certain facts. This will save time and money as the attorneys don't need to prove the facts in court. Depositions are recorded interviews with witnesses where your attorney can inquire about the incident under oath. They will have their answers recorded and translated by a court reporter.

Discovery may appear to be an uncomfortable, long and intrusive process, but it is necessary to gather the evidence needed to prove your injury claim. Your attorney will be able to discuss the specifics of the discovery process with you during your complimentary consultation. If you attempt to conceal an injury that was already present and aggravated due to a preexisting medical condition the information could be discovered during discovery and your case could be dismissed.

The Negotiation Phase

Negotiating a settlement is the goal of most lawsuits involving injuries. This process usually involves an exchange of back-and Injured to and back-and-forth between your lawyer as well as the insurance company of the party responsible. 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 determine the best number to demand for your settlement and can then assist in negotiations.

The amount of damages, which includes medical bills, lost wages and future losses, is an aspect that is always changing. Your injuries may get worse over time. This could cause further losses or diminish the value of your current losses. Your lawyer will ensure that your damages are in line with the current condition of your injuries and injured an accurate prediction of your future recovery.

Most often, insurance companies are trying to limit their payout for claims by arguing against certain aspects of your case. This can lead to delays in settlement negotiations. However your lawyer will have strategies to assist you in overcoming these obstacles and achieve the best possible result for your case. Negotiating an agreement may take months or years. Negotiations can last for several months or even years, depending on a variety of factors.

The Trial Phase

Most cases involving injuries are settled outside of court through settlement negotiations. However, if an agreement is not reached your lawyer could decide to bring the case to trial. It is a stressful, expensive and time-consuming procedure. It also requires the jury to decide whether the defendant is accountable for your injuries, and the amount you are entitled to. It is therefore important for your lawyer to thoroughly investigate your case at this point to fully understand how you were injured, the extent of your injuries, damages and expenses.

At this point, your lawyer will summon witnesses and experts to testify, and provide evidence in the form of photographs, documents and medical reports. This is the "case-in-chief" phase. The defense attorney will then call witnesses to testify in rebuttal and argue why the plaintiff should not be awarded damages. The judge or jury will then review the evidence and arguments made by both sides.

The judge will then go over the legal standards that must be met in order for the jury to decide for the plaintiff and against the defendant. This is called jury instruction. Then, each side presents their closing arguments. If the jury is not able to agree on a verdict the judge will declare that the trial a mistrial. In some rare cases appeals may be available if unhappy with the outcome of your trial.