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Injury Litigation

Injuries litigation is the legal process which allows you to claim compensation for your losses and injuries. Your injury attorney will build solid evidence for your case by utilizing eyewitness testimony, medical documents in the form of defendant statements, expert witness opinions.

Your lawyer will then start the lawsuit. Once the defendant has responded to the suit, it moves to the stage of fact-finding, which is known as discovery.

The Complaint

Before a lawsuit can be filed, the injured party (plaintiff) must conduct pre-lawsuit discovery. This involves reading the police accident reports, conducting informal discovery and identifying at-fault parties.

Once the plaintiff has done this, they are able to start a summons as well as a complaint. The complaint details the damages caused by the defendant or his inaction. The typical complaint will include a demand for damages to compensate the victim for their injuries, including medical bills and lost wages along with pain and suffering and other damages.

The defendant has 30 days to respond, also referred to as an answer. In this response, the defendant can accept or deny the allegations made in the complaint. They may also add an additional defendant from a third party or file an appeal.

During the discovery phase where both sides exchange relevant information about their positions and the evidence in the case. This usually involves depositions, written questions (called interrogatories), and requests for documents. This phase usually takes up most of the time for the lawsuit. During this phase, if there are any settlement possibilities, these will be discussed. Otherwise the case will proceed to trial. In this instance the attorney will give your case before a jury or judge 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 at-fault party to exchange information and gather evidence. This could include witness testimony and details about your medical treatment and evidence of the losses you've suffered. Your attorney may also employ different tools in discovery to help your case, such as interrogatories, requests for documents and depositions. Interrogatories are questions that require a written response while requests for documents require the submission of all relevant documents under the control of the parties. Requests for admission are letters to the other party asking them to accept certain facts. This can save time and money since the attorneys do not need to prove the facts at trial. Depositions are live conversations with witnesses, during which your attorney can ask them questions about the incident under the oath. Their answers will be recorded and then transcribed.

Discovery may seem like an uncomfortable, long and time-consuming process, however it's necessary to collect the evidence needed to prove your injury claim. Your lawyer will be able to discuss the specifics of the discovery process in your free consultation. For instance, if you attempt to conceal a preexisting condition that has aggravated your injury lawyers and this information is discovered during the discovery process and removed from your case.

The Negotiation Phase

Most injury cases aim to reach a settlement through negotiations. The process typically involves an exchange of back-and to and back-and-forth between your lawyer as well as that of 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 assist you determine the best number to ask for your settlement and assist in negotiations.

One of the challenges of the process of settling an injury case is that the amount of your damages which includes medical bills, lost income, and future losses - is an evolving factor. Your injuries may worsen over time, which could increase your future losses and decrease the value of your current losses. Your attorney will work to ensure that your damages are determined by the current state of your injuries, and provide an accurate prognosis for your future recovery.

Insurance companies frequently try to limit their payout by arguing about certain aspects of your claim. This can prolong settlement negotiations however, your lawyer can provide strategies to help you overcome these difficulties and achieve the most favorable outcome for your case. Negotiating a settlement can take months or even years. Many factors affect the length of time that 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 your lawyer might decide to proceed to trial. This is a stressful long, expensive and costly process. The jury also has to decide if the defendant should be held accountable for your injuries and what compensation you are entitled to. It is therefore important for your lawyer to conduct thorough research on your case in this phase to fully understand how you were injured and the extent of your injuries, damages and expenses.

Your attorney will now summon witnesses and experts and present evidence, including photographs, documents, and medical reports. This is known as the case-in-chief phase. The defense attorney will call witnesses to testify and argue for the reasons why the plaintiff shouldn't be awarded damages. The jury or judge will then review the evidence and arguments put forward by both sides.

The judge will explain to the jury the legal standards that must be adhered to in order to make a decision in favor of plaintiff or against defendant. This is referred to as jury instruction. After that, both sides present their closing arguments. If the jury cannot agree on a verdict, the judge will declare the trial an unconstitutional trial. In some rare instances appeals might be available in the event that you are not satisfied with the results of your trial.