Injury Litigation

The process of suing for injury is a legal process that allows you to recover compensation for your injuries and losses. Your lawyer for injury lawyer will make use of strong evidence to support your case, including eyewitness testimony, medical documents as well as the statements of the defendant and expert witness opinions.

Your lawyer will then submit your lawsuit. After the defendant has responded to your lawsuit, the case goes into the stage of fact-finding, which is known as discovery.

The Complaint

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

The plaintiff then has the option of filing a summons with a complaint. The complaint identifies the person who is being sued and describes the harm that was caused by the defendant's conduct or inaction. The typical complaint will include a demand for damages for the victim's injuries including medical bills, lost wages, pain and suffering and other damages.

The defendant then has 30 days to file a reply which is referred to as an answer, in which they admit or deny the allegations in the complaint. They may also add an additional defendant from a third party or make counterclaims.

During the discovery phase where both sides exchange pertinent information regarding their positions and the evidence they have in the case. This usually includes depositions, written questions (called interrogatories) and requests for documents. This is usually the majority of the timeframe for an action. If settlement opportunities are available that are available, they will be negotiated during this period. The case will then go to trial if there's no settlement. During this period, your attorney will tell your side of the tale to a jury or judge and the defendant will defend themselves.

The Discovery Phase

Discovery is a formal phase that permits you and your legal team to exchange information with the other party and collect evidence. This can 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 assist your case, such as interrogatories, requests for documents and depositions. Interrogatories are questions that require a written answer, while request for documents require the submission of all relevant documents under the control of each party. Requests for admissions require the other side to admit certain facts. This can help save time and money because attorneys do not need to prove these undisputed facts in court. Depositions are live recordings of witnesses where your attorney can ask them questions about the incident under oath and have their answers recorded, injured and then transcribed by a court reporter.

While discovery may appear to be a long unpleasant, time-consuming and uncomfortable process, it is a necessary step to gather the evidence necessary to win your case. Your lawyer will be capable of discussing the details of the discovery process with you during your free consultation. For example, if you try to hide a prior condition that your injury lawsuits worsened it could be discovered in the process of discovery and dismissed from your case.

The Negotiation Phase

Reaching a negotiated settlement is the goal of most injuries. This process usually involves an exchange of information back and between 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 you in deciding on the number of settlements you would like to seek and assist in negotiations.

The amount of damages, such as medical bills, lost wages, and future loss, is a factor that is constantly changing. Your injuries can get worse over time. This could result in a rise in future losses or reduce the value of current losses. Your attorney will work to ensure that your damages are dependent on the current condition of your injuries as well as a full prognosis for future recovery.

Insurance companies frequently attempt to limit their payout by arguing about certain aspects of your claim. This could result in an inability to settle settlement negotiations. However your lawyer has strategies to assist you in overcoming these obstacles and achieve the best outcome for your case. In some cases, the process of negotiating an agreement could be a long process that can take months or even years. There are many factors that affect the length of time settlement negotiations take, but knowing what to expect can make the process less stressful and more effective for you.

The Trial Phase

While the majority of cases involving injuries are resolved by settlement negotiations outside of the courtroom, your attorney might choose to take your case to trial if a satisfactory resolution cannot be reached. It is a stressful lengthy, costly and Injured expensive process. The jury also has to decide if the defendant should be accountable for your injuries, and the amount you should be awarded. It is crucial for your lawyer to conduct a thorough investigation of your case prior to the trial to fully comprehend how you were injured and the extent of your injuries, the damages and expenses.

At this moment, your lawyer will summon witnesses and experts to testify. They will also present evidence of physical nature, such as documents, photographs and medical reports. This is known as the case-in chief phase. The defense attorney will summon witnesses to testify on behalf of a argument against the plaintiff, and argue that the plaintiff should not be entitled to damages. The jury or judge will then look at the evidence and arguments made by both parties.

The judge will explain to jurors the legal standards that must be followed in order to decide in the favor of the plaintiff or against the defendant. This is referred to as jury instruction. Then, each side presents their closing arguments. If the jury cannot reach a consensus on a verdict then the judge declares a mistrial. If you are not happy with the results of your trial, there might be an appeal available.