Injury Litigation

Legally, it is the process which allows you to claim compensation for your injuries and losses. Your injury attorney will build strong evidence in your case including eyewitness testimony, medical documents, defendant statements and expert witness opinions.

Your lawyer will then file 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 is filed, an injured party (plaintiff) must conduct pre-lawsuit discovery. This includes reading police accident reports, making informal discovery and identifying at-fault parties.

The plaintiff may then file an order with a complaint. The complaint outlines the harm caused by the defendant's or his actions. It typically contains a request for compensation for the victim's injuries including medical bills as well as lost wages, pain and suffering and other damages.

The defendant will then have 30 days to file a reply called an answer in which they acknowledge or deny the allegations contained in the complaint. They may also add an additional defendant, or make an appeal.

During the discovery phase in the discovery phase, both sides will exchange relevant information about their positions and the evidence they have in the case. This typically involves depositions written questions (called interrogatories) and requests for documents. This phase typically accounts for the majority of the lawsuit timeline. In this phase, if there are any settlement possibilities that are discussed, they will be discussed. The case will then go to trial if there is no settlement. During this period your lawyer will present your side of the tale to a jury or judge and injury attorney the defendant will defend themselves.

The Discovery Phase

The discovery phase is a formal process that allows your legal team and the party at fault to exchange information and collect evidence. This can include witness statements, specifics regarding your medical treatment, and proof of the expenses you've suffered. Your attorney will have access to a variety of tools to assist you during discovery, such as interrogatories or requests for documents. Interrogatories are written questions that require a written answer as well as requests for documents require the submission of all relevant documentation under the control of the parties. Requests for admissions require the other party to acknowledge certain facts. This can help save time and money because the attorneys don't have to prove these facts at trial. Depositions are live recordings of witnesses where your attorney can ask them questions about the incident under oath, and get their answers recorded and translated by a court reporter.

While discovery may appear to be a long, intrusive and uncomfortable process however, it is an essential step to gather the evidence required to win your injury lawsuit claim. During your consultation for free, your attorney will be able to discuss the specifics of the discovery process. If you attempt to conceal a preexisting injury that worsened 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

The negotiation of a settlement is the primary goal in most injuries. The process typically involves an exchange of information back and forth between your lawyer and 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 help you in deciding on the number of settlements you would like to seek and assist in negotiations.

The amount of damages, which includes medical bills, lost wages and future losses, is a factor that is always changing. Your injuries may worsen over time, which could increase your future losses, and reduce the amount of your current losses. Your lawyer will ensure that your damages are determined based on your current injuries and the likelihood of future recovery.

Insurance companies frequently try to limit their payout by challenging certain elements of your claim. This can result in delay in settlement negotiations. However, your lawyer has strategies to help you overcome these obstacles and achieve the best possible result for your case. The process of negotiating an agreement can be a lengthy process that can take months or years. Many factors affect the length of time settlement negotiations take, but knowing what to expect can make the process easier and more efficient for you.

The Trial Phase

Most cases involving injuries are resolved outside of court through settlement negotiations. However, if there is no resolution your lawyer might decide to go to trial. This is a stressful lengthy, costly and expensive procedure. It also requires the jury to decide whether the defendant should be held accountable for your injuries and what compensation you should receive. Your lawyer must thoroughly research your case to discover the circumstances surrounding your injuries, the amount of damages, injuries and the costs.

At this moment, your lawyer will summon witnesses and experts to testify. They will also present physical evidence such as documents, photos, and medical reports. This is the "case-in-chief" phase. The defense attorney will call witnesses to testify for argument against the plaintiff, and argue that plaintiffs shouldn't be awarded damages. The jury or judge will then look at the evidence and arguments offered by both parties.

The judge will explain to the jury the legal requirements that must be met in order for them to decide whether to go in favor of plaintiffs or against defendants. This is referred to as jury instruction. Afterwards, each side makes their closing arguments. If the jury cannot agree on a verdict the judge will declare that the trial an unconstitutional trial. If you are not happy with the outcome of your trial, there could be an appeal option.