Injury Litigation

Injury litigation is a legal procedure that allows you to get compensation for your injuries and losses. Your injury attorney will build solid evidence in your case by utilizing eyewitness testimony, medical documentation as well as statements of the defendant and expert witness opinions.

Your lawyer will bring your lawsuit. After the defendant responds 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 was injured (plaintiff) must conduct a pre-lawsuit investigation. This includes studying police accident reports, conducting informal discovery and identifying potential defendants.

Once the plaintiff has done this, they are able to file a summons and complaint. The complaint outlines the harm caused by the defendant or his inaction. It usually includes a request for damages to compensate the victim for their injuries, including medical bills as well as lost wages, pain and suffering and other damages.

The defendant has 30 days to respond, referred to as an answer. In this response, the defendant is able to accept or deny the allegations made in the complaint. They may also make an additional counterclaim or include a third-party defendant in the suit.

During the discovery phase in the discovery phase, both sides will exchange relevant information about their positions and evidence in the case. This usually involves depositions, written questions (called interrogatories), and requests for documents. This phase typically accounts for the majority of the timeframe for a lawsuit. If settlement opportunities are available they will be made during this period. The case will then go to trial if there's no settlement. In this instance the attorney will present your case before a judge or a jury and the defendant will take on their defense.

The Discovery Phase

The discovery phase is a formal procedure that allows your legal team and the party at fault to exchange information and collect evidence. This could include witness statements, injury attorney details about your medical treatment and evidence of the losses you've incurred. Your attorney can use several tools to help you during discovery, including interrogatories and requests for documents. Interrogatories are written queries that require a response written as well as requests for documents involves requesting all relevant documentation that is under the control of each party. Requests for admission ask the other party to acknowledge certain facts, which can save time and money since the attorneys do not have to prove the facts uncontested at trial. Depositions are live recordings of witnesses in which your attorney can question them about the incident under oath, and have their answers recorded, and then transcribed by a court reporter.

Although discovery can appear to be a long unpleasant, time-consuming and uncomfortable process, it is a necessary step to gather the evidence required to win your injury lawsuit case. During your consultation for free your attorney can discuss the specifics 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 This information could be found out during discovery and your case could be thrown out.

The Negotiation Phase

The majority of cases involving injuries aim to settle the case through negotiations. The process of achieving this goal is usually an exchange of information between your lawyer and the responsible party's 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 in deciding on the amount of settlement that you want to negotiate and help with negotiations.

One of the biggest challenges in settling an injury claim is that the amount you are owed which includes medical bills, lost income, and future losses - is an evolving factor. Your injuries could get worse over time. This could increase future losses or diminish the value of current losses. Your lawyer will ensure that your damages are calculated based on your current injuries and your prognosis for the future recovery.

In many cases, insurance companies are trying to limit the amount they pay for claims by arguing against certain elements of your case. This can prolong settlement negotiations however, your lawyer can provide strategies to help you overcome these issues and get the most favorable outcome for your case. In some instances negotiations to reach an agreement could be a long process that can take months or even years. Numerous factors influence how long settlement negotiations will be, but knowing what to expect can make the process easier and more efficient for you.

The Trial Phase

Most cases of injury are resolved outside of court through settlement negotiations. However, if an agreement is not reached the lawyer could decide to take the case to trial. This is an expensive lengthy, time-consuming and stressful procedure. The jury must also decide if you are compensated for your injuries and If so, what amount. It is crucial for your lawyer to thoroughly investigate your case prior to the trial to fully comprehend how you were injured, the extent of your injuries, the damages and costs.

Your attorney will then call witnesses and experts and present evidence, including photographs, documents, and medical reports. This is the "case-in-chief" phase. The defense attorney will summon witnesses to testify as a argument against the plaintiff and argue that plaintiffs shouldn't be awarded damages. The jury or injury attorney judge weighs the evidence and arguments of both parties.

The judge will explain to the jury the legal standards that must be followed in order for them to decide whether to go in favor of the plaintiff or against the defendant. This is referred to as jury instruction. Each side then presents its closing arguments. If the jury is unable to reach a consensus, the judge will declare a mistrial. If you are not happy with the result of the trial, there could be an appeal option.