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Injury Litigation

Injuries litigation is a legal procedure through which you can claim compensation for your injuries and losses. Your injury attorney will build solid evidence in your case that includes eyewitness testimony as well as statements of the defendant and expert witness opinions.

Your lawyer will file your lawsuit. After the defendant has replied, the case moves into the phase of fact-finding known as discovery.

The Complaint

Before filing a lawsuit the person who has been injured (plaintiff) must conduct a pre-lawsuit investigation. This involves studying police accident reports, conducting informal discovery, and identifying potential liable parties.

The plaintiff may then file a summons along with a complaint. The complaint identifies who is the party who is being sued. It also describes the harm that was caused by the defendant's conduct or inaction. It typically includes a request for compensation for the victim's medical bills loss of income, suffering and pain, and other damages arising from their injury.

The defendant then has 30 days to file a reply called an answer in which they either admit or deny the allegations in the complaint. They can also add a third party defendant or make a counterclaim.

During the discovery phase, both sides will exchange pertinent information regarding their respective positions and evidence in the case. This typically involves depositions written questions (called interrogatories) and requests for documents. This usually accounts for the majority of the timeframe for a lawsuit. If there are settlement possibilities these will occur during this period. The case will then go to trial if there is no settlement. During this period your lawyer will explain your argument before a jury or judge and the defendant will take on their defense.

The Discovery Phase

Discovery is a formal process that permits you and your legal team to share information with the other party and collect evidence. This may include witness testimony as well as details of your medical treatment, and evidence of the losses you've suffered. Your attorney may use a variety tools to assist you during discovery, including interrogatories as well as requests for documents. Interrogatories are written questions which require a response in writing, while request for documents involve requesting all relevant documentation that is under the control of the parties. Requests for admission ask the other party to admit certain facts. This can help save time and money because lawyers do not have to prove these facts in court. Depositions are live interviews with witnesses. Your attorney can ask them questions regarding the incident under the oath. Their responses will be recorded and transcribed.

While it might appear to be an lengthy painful, invasive and uncomfortable process but it's a crucial step to gather the evidence you need to win your case. Your attorney will be able to discuss the specifics of the discovery process with you during your free consultation. For example, if you try to hide a preexisting condition that your injury worsened or aggravated, the information could be discovered in the process of discovery and then thrown out of your case.

The Negotiation Phase

A settlement that is negotiated is the primary goal in most injuries. The process typically involves a back and to and back-and-forth between your lawyer as well as the insurer of the party who is 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 in deciding on the amount of settlements you would like to negotiate and help with negotiations.

One of the biggest challenges in the process of settling an injury case is that the amount of your damages which includes medical bills loss of income, future losses - is a constantly changing aspect. Your injuries may get worse over time. This could lead to a rise in future losses or diminish the value of your current losses. Your attorney will ensure that your damages are determined based on the severity of your injuries as well as the probability of the future recovery.

Often insurance companies attempt to limit their payouts for claims by arguing against specific aspects of your case. This could result in delays in settlement negotiations. However, your lawyer will have strategies to help you overcome these obstacles to get the best possible outcome for your case. In some cases negotiations to reach an agreement can take months or even years. Numerous factors influence how long settlement negotiations last, but knowing the length to expect will make the process easier and more efficient for injury attorney you.

The Trial Phase

The majority of injury cases are resolved outside of court through settlement negotiations. If the resolution isn't reached the lawyer could decide to proceed to trial. It is a costly and time-consuming process that can be stressful. The jury also has to decide whether the defendant should be responsible for your injuries and how much money you are entitled to. Your lawyer should thoroughly investigate your case to discover the circumstances surrounding your injuries, the amount of the injuries, damages and costs.

Your lawyer will now call witnesses as well as experts and present physical evidence, such as photographs documents, documents, and medical reports. This is known as the case-in-chief phase. The defense attorney will then call witnesses to testify in rebuttal and argue for the reasons why the plaintiff should not be awarded damages. The judge or jury evaluates the evidence and arguments of both parties.

The judge will then explain the legal requirements that must be met for the jury to come up with a verdict in favor of the plaintiff and against the defendant. This is referred to as jury instruction. Each side will then present its closing arguments. If the jury is unable reach a consensus and the judge decides to declare a mistrial. If you are not happy with the outcome of your trial, there may be a right to appeal.