Injury Litigation

Injuries litigation is a legal process by which you can get compensation for your injuries and losses. Your injury lawyer will use strong evidence to support your case, which includes eyewitness testimonies, medical documentation, defendant's statements, and expert witness opinions.

Your lawyer will then file your lawsuit. After the defendant responds and the case is moved to an investigation stage, also known as discovery.

The Complaint

Before filing a lawsuit the person who was injured (plaintiff), must conduct pre-lawsuit investigation. This involves reading police accident reports, making informal discovery and identifying liable parties.

The plaintiff can then file a summons along with a complaint. The complaint identifies the person who is being sued, and describes the harm that was caused by the defendant's conduct or inaction. The typical complaint will include a demand to seek damages for injuries suffered by the victim, including medical bills loss of wages as well as pain and suffering, among other damages.

The defendant has 30 days to respond, also known as an answer. In this response, the defendant can accept or deny the allegations made in the complaint. They can also file a counterclaim or add a third-party defendant the suit.

During the discovery phase during the discovery phase, both parties will share relevant information regarding their positions and evidence. This phase includes depositions (also known as interrogatories), written questions (also called interrogatories) and requests for documents. This phase usually takes up the majority of the timeframe for the lawsuit. If there are settlement possibilities these will occur during this time. If not the case will proceed to trial. In this time the attorney will present your story 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 party at fault to exchange information and collect evidence. This can include witness testimony, details of your medical treatment and proof of losses you have suffered. Your attorney can use several tools to aid you in discovery, including interrogatories as well as requests for documents. Requests for documentation are requests to supply all relevant documentation that are within each party's control. Interrogatories require written responses. Requests for admissions ask the other party to acknowledge certain facts. This could reduce time and cost since attorneys do not need to prove these facts at trial. Depositions are live conversations with witnesses. Your attorney can ask them questions about the incident under the oath. Their answers will be recorded and transcribed.

Discovery can be an uncomfortable, long and tedious process, but it is necessary to gather the evidence required to win your injury claim. During your free consultation your attorney will be able to discuss the specifics of the discovery process. For instance, if you attempt to conceal a preexisting condition that has caused your injury to worsen it could be discovered during the discovery process and dismissed from your case.

The Negotiation Phase

The majority of injury attorneys cases seek to settle the case through negotiations. This process usually involves a exchange of back and forth between your lawyer and 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 help you in deciding on the number of settlement you wish to negotiate and help in negotiations.

One of the issues with the process of settling a claim for injury is that the amount you are owed - including your medical bills or lost income as well as future losses - is a dynamic aspect. Your injuries can get worse over time, which can increase your losses in the future 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 as well as an accurate prediction of your future recovery.

In many cases insurance companies are trying to limit the amount they pay for claims by challenging certain aspects of your case. This could delay settlement negotiations but your lawyer will have strategies to help you navigate these challenges and reach the best possible outcome for your case. Negotiating a settlement can be a lengthy process that can 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 most injury cases are resolved through settlement talks outside of court, injuries your attorney may decide to take your case to trial if a satisfactory solution is not reached. It is a costly lengthy and time-consuming procedure that can be stressful. The jury must also decide if you are compensated for your injuries, and If so, what amount. Your lawyer must thoroughly investigate your case in order to understand the circumstances surrounding your injuries, the severity of damages, injuries, and costs.

At this point, your attorney will summon witnesses and experts to testify and provide evidence in the form of photographs, documents and medical reports. This is known as the case-in chief phase. The defense attorney will call witnesses to testify in rebuttal, and argue that the plaintiff should not be entitled to damages. The judge or jury decides on the evidence and arguments of both parties.

The judge will then discuss the legal requirements which must be followed for the jury to decide in favor of the plaintiff and against the defendant. This is known as jury instruction. Each side then presents its closing arguments. If the jury is unable agree on a verdict, the judge will declare a mistrial. If you are not happy with the results of the trial, there could be an appeal option.