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Injury Litigation

Legally, it is the process that allows you to recover compensation for your losses and injuries. Your injury law firm attorney will build solid evidence for your case that includes eyewitness testimony, medical documents as well as statements of the defendant and expert witness opinions.

Your lawyer will file your lawsuit. If the defendant does not respond to the lawsuit, the case moves to a fact-finding stage called discovery.

The Complaint

Before the lawsuit is filed, an injured party (plaintiff) must conduct pre-lawsuit discovery. This includes reviewing police accident reports and conducting informal discovery and identifying parties that could be liable and possible legal remedies that can be argued against them.

The plaintiff is then able to file a summons along with a complaint. The complaint outlines the harm caused by the defendant or his inaction. The typical complaint will include a demand to recover damages for injuries suffered by the victim, injury lawsuits including medical bills as well as lost wages or income, as well as pain and other damages.

The defendant will then have 30 days to file a response, known as an answer or answer, in which they accept or deny the allegations made in the complaint. They may also add an additional defendant from a third party or file a counterclaim.

During the discovery phase, both sides will exchange pertinent information regarding their positions and evidence in the case. This process includes depositions (also known as interrogatories) as well as written questions (also called interrogatories) as well as requests for documents. This typically comprises the most of the timeline for lawsuits. If there are settlement possibilities, they will take place during this period. The case will proceed to trial if there is no settlement. During this time, your attorney will present your case before a judge or a jury and the defendant will put on their defense.

The Discovery Phase

The discovery phase is a formal procedure that permits your legal team and the at-fault party to exchange information and gather evidence. This could include witness statements, information regarding your medical treatment, as well as proof of the damages you have incurred. Your attorney can also use various tools during discovery to aid your case, such as interrogatories, documents requests and depositions. Requests for documents are essentially requests to provide all relevant documents that are within each party's control. Interrogatories require written responses. Requests for admissions require the other side to admit certain facts. This could reduce time and cost since the attorneys do not have to prove the facts uncontested during trial. Depositions are live conversations with witnesses where your attorney can ask them questions about the incident under oath. They will get their answers recorded, and then transcribed by a court reporter.

Discovery may appear to be an uncomfortable, lengthy and intrusive process, but it is essential to collect the evidence required to win your injury claim. Your attorney will be capable of discussing the details of the discovery process with you during your free consultation. If you attempt to conceal an injury that has already been aggravated due to a preexisting medical condition the information could be discovered during the process of discovery and your case could be thrown out.

The Negotiation Phase

The majority of injury cases seek to settle through negotiation. This process usually involves a exchange of back and to and back-and-forth between your lawyer as well as the insurance company of the party responsible. 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 decide on a number to ask for your settlement and assist in negotiations.

One of the biggest challenges in settlement of an injury claim is that the amount you are owed which includes medical bills or lost income as well as future losses - is a dynamic aspect. Your injuries can get worse over time. This could lead to a rise in future loss 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 an accurate prediction of your future recovery.

Insurance companies frequently attempt to limit their payout by arguing against certain aspects of your claim. This can delay settlement negotiations but your lawyer will have strategies to help you navigate these obstacles and get the best possible outcome for your case. Negotiating an agreement may take months or years. Many factors affect the length of time settlement negotiations last, but knowing the length to expect can make the process easier and more efficient for you.

The Trial Phase

While the majority of cases involving injuries are resolved through settlement negotiations, which are not in court, your attorney may decide to bring your case to trial if a fair resolution is not attainable. It is a stressful long, expensive and costly procedure. The jury also has to decide whether the defendant is accountable for your injuries, and what amount of compensation you should be awarded. Your lawyer must thoroughly investigate your case to determine the circumstances of your injury, the extent of damages, injuries, and costs.

At this point, your attorney will call witnesses and experts to testify. They will also present evidence of physical nature, such as documents, injury photographs and medical reports. This is the "case-in-chief" phase. The defense attorney will then call witnesses to testify in rebuttal and argue as to why the plaintiff should not be awarded damages. The judge or jury will then look at the evidence and arguments put forward by both parties.

The judge will then explain the legal standards that must be met in order for the jury to come up with a verdict for the plaintiff and against the defendant. This is referred to as jury instruction. Each side then gives its closing arguments. If the jury fails to reach a consensus on a verdict and the judge decides to declare a mistrial. If you're not satisfied with the outcome of the trial, there could be an appeal to be made.