Injury Litigation

Injuries litigation is a legal process that allows you to get compensation for your injuries and losses. Your lawyer will create 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 then file your lawsuit. Once the defendant has responded and the case is moved to an inquiry stage known as discovery.

The Complaint

Before a lawsuit can be filed, an injured person (plaintiff) must conduct pre-lawsuit discovery. This involves studying police accident reports, making informal discovery, and identifying potential defendants.

The plaintiff may then file an order with a complaint. The complaint identifies who is the party who is being sued, and describes the harm that was caused by the defendant's actions or lack thereof. It usually includes a request for compensation for the victim's medical bills as well as lost income, suffering and pain, and other damages arising from their injury.

The defendant has 30 days to respond, also known as an answer. In this response, the defendant is able to admit or deny any claims made in the complaint. They may also make an additional counterclaim or add a third party defendant to the suit.

During the discovery phase in the discovery phase, both sides will exchange pertinent information regarding their positions and the evidence in the case. This typically includes depositions, written questions (called interrogatories) and requests for documents. This usually takes up the majority of the timeline for the lawsuit. If there are settlement possibilities these will occur during this period. Otherwise the case will proceed to trial. In this time your lawyer will explain your story before a judge or jury and the defendant will defend themselves.

The Discovery Phase

Discovery is a formal phase that permits you and your legal team to exchange information with the other party and collect evidence. This may include witness testimony as well as details of your medical treatment and proof of losses you have suffered. Your attorney can use several tools to assist you during discovery, including interrogatories and requests for documents. Interrogatories are written queries which require a response in writing and requests for documents involve requesting all relevant documentation under the control of each party. Requests for admission are written letters to the other side asking them to admit certain facts. This will save time and cost as the attorneys don't have to prove the facts in court. Depositions are live conversations with witnesses in which your attorney can inquire about the incident under oath, and get their answers recorded and transcribing by a court reporter.

While it might seem like a long process that is invasive, uncomfortable and tedious however, it is an essential step to gather the evidence required to win your injury claim. Your lawyer will be capable of discussing the details of the discovery process with you during your no-cost consultation. If you try to hide a preexisting injury that worsened due to a medical condition that was already present The information could be found out during discovery and your case could be dismissed.

The Negotiation Phase

A settlement that is negotiated is the main goal of many lawsuits involving injuries. The process of achieving this goal typically involves an exchange of information between your lawyer and the 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 you in determining the amount of settlements you would like to demand and then help 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 an evolving factor. Your injuries may worsen over time, which may increase the amount of your future losses and reduce the amount of your current losses. Your lawyer will ensure that your damages are based on the current state of your injuries as well as a complete outlook for future recovery.

A lot of times insurance companies attempt to limit their payout for injuries claims by challenging certain aspects of your case. This can lead to delays in settlement negotiations. However, your lawyer has strategies to assist you in overcoming these hurdles and obtain the best possible result for your case. The process of negotiating an agreement can be a lengthy process that can take months or years. Negotiations can take several months or even years, depending on various factors.

The Trial Phase

The majority of atwater injury lawyer cases are resolved without court through settlement negotiations. However, if the resolution isn't reached your lawyer might decide to go to trial. This is a stressful long, expensive and costly process. The jury also has to decide whether the defendant should be held liable for your injuries, and what compensation you should receive. Therefore, it is essential for your lawyer to conduct thorough research on your case at this point to fully understand the nature of your injuries and the severity of your injuries, damages and costs.

At this stage, your attorney will call 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 then summon witnesses to testify and argue why the plaintiff should not be awarded damages. The judge or injuries jury then considers the arguments and evidence of both sides.

The judge will then outline the legal requirements which must be followed for the jury to find for the plaintiff and against the defendant. This is known as jury instruction. After that, both sides present their closing arguments. If the jury is not able to agree on a verdict the judge will declare that the trial is a mistrial. If you are not happy with the outcome of your trial, there could be an appeal available.