injury Lawsuit Litigation

Legally, it is the procedure that allows you to collect compensation for your losses and injuries. Your lawyer will use strong evidence to prove your case, including eyewitness testimony, medical documents defense counsel's statements, defendant's testimony, and expert witness opinions.

Your lawyer will file your lawsuit. After the defendant has responded, the case moves into the phase of fact-finding known as discovery.

The Complaint

Before a lawsuit is filed, the injured person (plaintiff) must conduct a an investigation prior to the filing of a lawsuit. This involves studying the police accident reports, Injury Lawsuit conducting informal discovery and identifying responsible parties.

The plaintiff can then file a summons with a complaint. The complaint details the damages caused by the defendant or his inaction. It usually includes a request to recover damages to compensate the victim for their injuries, including medical bills, lost wages as well as pain and suffering, among other damages.

The defendant has 30 days to respond, also referred to as an answer. In this response, the defendant can admit or deny any claims made in the complaint. They can also add a third party defendant or make counterclaims.

During the discovery phase, both sides will exchange relevant information about their positions and evidence in the case. This process includes depositions (also called interrogatories), written questions (also called interrogatories), as well as requests for documents. This process usually occupies the majority of the timeframe for a lawsuit. If there are settlement options, they will take place during this period. The case will then proceed to trial if there's no settlement. During this time your lawyer will explain your side to a jury or judge and the defendant will defend themselves.

The Discovery Phase

The discovery phase is a formal process that allows your legal team and the at-fault party to exchange information and gather evidence. It could include witness statements, details of the treatment you received from your doctor, and evidence of losses you've suffered. Your attorney will have access to a variety of tools to assist you during discovery, including interrogatories as well as requests for documents. Requests for documents are essentially requests to provide all relevant documentation that is under each party's control. Interrogatories require written responses. Requests for admission are written demands to the other party asking them to accept certain facts. This can save time and money since the attorneys don't need to prove their claims during trial. Depositions are live conversations with witnesses where your attorney is able to interview them about the incident under oath, and get their answers recorded and translated by a court reporter.

Discovery may appear to be an uncomfortable, lengthy and tedious process, but it is necessary to gather the evidence required to win your injury lawsuit claim. During your consultation for free, your attorney will be able to explain the specifics of the discovery process. For example, if you try to hide a prior condition that your injury worsened and this information is discovered in the process of discovery and dismissed from your case.

The Negotiation Phase

The negotiation of a settlement is the main goal of many lawsuits involving injuries. The process for 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 the amount of settlement that you want to demand and then help with negotiations.

The amount of damages, such as medical bills, lost wages, and future losses, is an aspect that is dynamic. Your injuries can get worse over time. This could increase future losses or decrease the value of your current losses. Your attorney will ensure that your damages are determined based upon your current injuries as well as the probability of the future recovery.

Often insurance companies try to limit the amount they pay for claims by arguing against specific elements of your case. This can lead to delays in settlement negotiations. However, your lawyer can provide strategies to help you overcome these obstacles and get the best outcome for your case. In some instances, 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 depending on a variety of factors.

The Trial Phase

Most cases involving injuries are settled outside of court through settlement negotiations. However, if the resolution isn't reached your lawyer might decide to proceed to trial. It is a stressful, expensive and time-consuming procedure. The jury also has to decide whether the defendant is accountable for your injuries, and what amount of compensation you will receive. Your lawyer must thoroughly research your case in order to understand the circumstances surrounding your injuries, the severity of injuries, damages, and costs.

Your lawyer will now call witnesses as well as experts and present physical evidence, like photographs, documents, 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 take into consideration the evidence and arguments made by both sides.

The judge will then outline the legal requirements to be met in order for the jury to decide for the plaintiff and against the defendant. This is referred to as jury instruction. Each side then makes its closing arguments. If the jury cannot agree on a decision, the judge will declare that the trial is a mistrial. In some cases an appeal could be available if you are unhappy with the outcome of your trial.