Injury Litigation

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

Your lawyer will bring your lawsuit. After the defendant has responded to your lawsuit, the case goes into the phase of fact-finding known as discovery.

The Complaint

Before a lawsuit can be filed, an injured party (plaintiff) must conduct pre-lawsuit discovery. This involves looking over police accident reports, making informal discovery and identifying potential liable parties.

Once the plaintiff has done this, they are able to file a summons and complaint. The complaint identifies the party who is being sued, and describes the harm caused by the defendant's conduct or inaction. The typical complaint will include a demand for compensation for the victim's medical expenses as well as lost income, suffering and pain, and other damages arising from their injuries.

The defendant then has 30 days to file a response, known as an answer, in which they admit or deny the allegations contained in the complaint. They may also add an additional defendant, or make an appeal.

During the discovery phase during the discovery phase, both sides will share relevant information about their positions and the evidence in the case. This includes depositions (also known as interrogatories) as well as written questions (also known as interrogatories) and requests for documents. This is usually most of the time for the lawsuit. If there are settlement options these will occur during this period. The case will proceed to trial if there is no settlement. During this period your lawyer will present your side to a jury or judge and the defendant will defend themselves.

The Discovery Phase

The discovery phase is a formal procedure that permits your legal team and the party at fault to exchange information and collect evidence. This may include witness statements, details regarding your medical treatment, as well as proof of the damages you've suffered. Your attorney may use a variety tools to aid you in discovery, including interrogatories as well as requests for documents. Interrogatories are written inquiries that require a written answer as well as requests for documents involves requesting all relevant documentation under the control of the parties. Requests for admissions ask the other party to accept certain facts. This could help save time and money because the attorneys don't have to prove these uncontested facts in court. Depositions are live interviews with witnesses. During these interviews, your attorney can ask them questions about the incident under the oath. Their answers will be recorded and transcribed.

Discovery may seem like an uncomfortable, long and invasive process, but it's necessary to collect the evidence you require to prove your injury claim. During your consultation for free, your attorney will be able to explain the details of the discovery process. For injury attorney instance, if you try to hide a prior health issue that caused your injury to get worse, this information could be discovered in the process of discovery and dismissed from your case.

The Negotiation Phase

Most cases of injury lawyer aim to settle a case through negotiation. This process usually involves an exchange of 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 decide on the number you want to demand your settlement and assist in negotiations.

One of the difficulties of the process of settling an injury case is that the amount you are owed (including medical bills as well as lost income and future losses - is a dynamic aspect. The severity of your injuries could increase as time passes, which could increase the amount of your future losses and reduce the amount of your current losses. Your attorney will ensure that your damages are determined based on your current injuries and the likelihood of future recovery.

A lot of times, insurance companies are trying to limit the amount they pay for claims by arguing against certain aspects of your case. This could result in a delay in settlement negotiations. However your lawyer will have strategies to help you overcome these obstacles and achieve the best possible result for your case. In some instances, the process of negotiating an agreement can be a long process that can take months or even years. Negotiations can take months or even years based on a variety of factors.

The Trial Phase

Although the majority of injury cases are resolved through settlement negotiations outside of the courtroom, your attorney could decide to bring your case to trial if an acceptable resolution is not reached. This is a costly, time-consuming and stressful process. It also requires the jury to decide whether the defendant should be accountable for your injuries and what compensation you should be awarded. It is therefore crucial for your lawyer to thoroughly research your case prior to the trial to fully comprehend the nature of your injuries and the severity of your injuries, the damages and costs.

Your attorney will now call witnesses and experts, and will present physical evidence, like photographs, documents, and medical reports. This is the "case-in-chief" phase. The defense attorney will call witnesses to testify in rebuttal and argue as to why the plaintiff shouldn't be awarded damages. The judge or jury will then review the evidence and arguments offered by both sides.

The judge will explain to jurors the legal standards that must be adhered to in order to make a decision in favor of plaintiff or against defendant. This is known as jury instruction. Afterwards, each side makes their closing arguments. If the jury is unable to agree on a decision, the judge will declare the trial an unconstitutional trial. In some rare cases an appeal could be available in the event that you are not satisfied with the results of your trial.