Injury Litigation

Legally, it is a procedure through which you can seek compensation for your losses and losses. The lawyer representing you will utilize strong evidence to support your case, such as eyewitness testimony, medical documents, defendant's statements, and expert witness opinions.

Your lawyer will start the lawsuit. After the defendant has responded, the case moves into an investigation of facts, also known as discovery.

The Complaint

Before the lawsuit can be filed, the injured person (plaintiff) must conduct pre-lawsuit discovery. This includes looking over police accident reports, conducting informal discovery and identifying liable parties.

After the plaintiff has completed this, they are able to file a summons and complaint. The complaint details the damages caused by the defendant or his inaction. It usually includes a request for compensation for the victim's medical bills loss of income, suffering and pain, and other damages arising from their injuries.

The defendant has 30 days to respond, also referred to as an answer. In this response, the defendant is able to acknowledge or deny the allegations made in the complaint. They may also file counterclaims or add a third-party defendant to the suit.

During the discovery phase in the discovery phase, both sides will exchange relevant information about their respective positions and evidence in the case. This typically includes depositions, written questions (called interrogatories), and requests for documents. This phase usually takes up the majority of the timeframe for the lawsuit. If there are settlement opportunities these will occur during this period. The case will proceed to trial if there's no settlement. During this time, your attorney will tell your side of the story before a judge or jury and the defendant will defend themselves.

The Discovery Phase

Discovery is a formal process that allows you and your legal team to share information with the other party and gather evidence. This may include witness statements, details about your medical treatment and proof of the expenses you've suffered. Your lawyer may also employ several different tools in discovery to help your case, such as interrogatories and requests for documents and depositions. Requests for documents are essentially requests to provide all relevant documentation which is within each party's control. Interrogatories require written responses. Requests for admission ask the other party to accept certain facts, which can reduce time and cost since lawyers do not have to prove these uncontested facts in court. Depositions are live interviews with witnesses. Your attorney can ask them questions about the incident under the oath. Their answers will be recorded and transcribed.

While discovery may appear to be a long, intrusive and uncomfortable process but it is an essential step to gather the evidence you need to win your injury claim. During your free consultation the attorney can discuss the specifics of the discovery process. For instance, if you try to hide a prior health issue that caused your Injury Attorneys to get worse, this information could be discovered during the discovery process and removed from your case.

The Negotiation Phase

The majority of injury cases seek to reach a settlement through negotiations. The process for achieving this goal typically involves a back-and-forth exchange 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 help choose the appropriate number to demand for your settlement and can then assist in negotiations.

One of the biggest challenges in settling an injury claim is that the amount of your damages including medical expenses loss of income, future losses - is a dynamic factor. Your injuries may worsen as time passes, which could increase your losses in the future and decrease the value of your current losses. Your attorney will ensure that your damages are calculated based on your current injuries and your prognosis for future recovery.

A lot of times insurance companies attempt to limit the amount they pay for claims by arguing against some aspects of your case. This could result in delay in settlement negotiations. However your lawyer can provide strategies to assist you in overcoming these obstacles to get the best possible result for your case. In some cases negotiations to reach an agreement can be lengthy, sometimes even for years. Many factors affect the length of time settlement negotiations 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 there is no resolution the lawyer could decide to proceed to trial. This is a stressful costly and time-consuming procedure. The jury also has to decide whether the defendant should be accountable for your injuries and the amount you are entitled to. It is therefore important for your lawyer to thoroughly research your case in this phase to fully comprehend the way you were injured, the extent of your injuries, the damages and expenses.

At this stage, your attorney will summon witnesses as well as experts to testify and provide evidence physical such as documents, photographs, and medical reports. This is the "case-in-chief" phase. The defense attorney will summon witnesses to testify in rebuttal and argue for the reasons why the plaintiff shouldn't be awarded damages. The jury or judge considers the arguments and evidence of both parties.

The judge will explain to the jury the legal requirements that must be adhered to in order to make a decision in favor of plaintiffs or Injury Attorneys against defendants. This is called jury instruction. After that, both sides present their closing arguments. If the jury cannot agree on a decision, the judge will declare the trial a mistrial. In some rare cases, an appeal may be available if not satisfied with the outcome of your trial.