Injury Litigation

Injuries litigation is a legal procedure that allows you to recover compensation for your injuries and losses. Your lawyer for injury will make use of strong evidence to support your case, including eyewitness testimony from witnesses, medical records, defendant's statements, and expert witness opinions.

Your lawyer will then start the lawsuit. After the defendant responds and the case is moved to the discovery phase, which is a process of finding facts.

The Complaint

Before a lawsuit is filed the person who was injured (plaintiff) must conduct a pre-lawsuit investigations. This entails reviewing police accident reports as well as conducting informal discovery and identifying potentially liable parties and available causes of action that can be brought against them.

After the plaintiff has completed this, they are able to make a complaint and summons. The complaint outlines the harm caused by the defendant or his inaction. The typical complaint will include a demand to seek damages for the victim's injuries, including medical bills, lost 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 may admit or deny any claims made in the complaint. They can also file counterclaims or add a third party defendant to the suit.

During the discovery phase during the discovery phase, both parties will share pertinent information about their positions and evidence. This phase includes depositions (also called interrogatories) and written questions (also called interrogatories) and requests for documents. This usually accounts for the major portion of the litigation timeline. In this phase, if there are any settlement options the possibility of settlement will be discussed. Otherwise the case will go to trial. During this time the attorney will present your story before a judge or jury 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 gather evidence. It could include witness statements, information regarding your medical treatment, and evidence of the losses you've suffered. Your lawyer can also make use of several different tools during discovery to help your case, such as interrogatories, requests for documents and depositions. Requests for documentation are requests to provide all relevant evidence that is under each party's control. Interrogatories require written responses. Requests for admissions ask the other side to admit certain facts. This can reduce time and cost since lawyers do not have to prove these undisputed facts at trial. Depositions are live interviews with witnesses, during which your attorney can ask them questions regarding the incident under the oath. Their answers will be recorded and transcribing.

Discovery may appear to be an uncomfortable, long and invasive process, but it is necessary to gather the evidence needed to win your injury lawyers claim. Your lawyer will be in a position to discuss the details of the discovery process with you during your free consultation. If you try to hide a preexisting injury that worsened due to a preexisting medical condition This information could be discovered during the process of discovery and your case could be thrown out.

The Negotiation Phase

Most injury cases aim to settle a case through negotiations. The process typically involves an exchange of back-and between your lawyer and the insurer of the responsible party. This may include informal conversations/correspondence (by phone, in meetings, by email) where the parties trade offers and counter-offers. Your lawyer can assist in deciding on the number of settlements you wish to demand and then help in negotiations.

The amount of damages, such as medical bills, lost wages, and future losses, is a variable that is always changing. Your injuries could get worse over time. This could lead to a rise in future losses or decrease the value of your current losses. Your attorney will ensure that damages are determined based upon your current injuries and the likelihood of the future recovery.

Insurance companies usually try to limit their payout by arguing against certain aspects of your claim. This can lead to delay in settlement negotiations. However your lawyer has strategies to assist you in overcoming these obstacles to get the best possible result for your case. Negotiating a settlement can take months or years. There are many factors that affect the length of time settlement negotiations last, but knowing the length to expect will make the process less stressful and more efficient for you.

The Trial Phase

While the majority of injuries cases are resolved through settlement talks outside of court, your lawyer may decide to bring your case to trial if a fair solution is not reached. It is a costly lengthy and time-consuming procedure that can be stressful. The jury will also have to decide if you are compensated for your injuries and should they, if so, in what amount. Therefore, it is essential for your lawyer to thoroughly research your case at this stage to fully comprehend the nature of your injuries and the extent of your injuries, the damages and expenses.

Your attorney will now summon witnesses and experts and present evidence, like photographs, documents, and medical reports. This is the "case-in-chief" phase. The defense attorney will call witnesses to testify on behalf of a rebuttal, and argue that plaintiffs should not be awarded damages. The judge or jury will then take into consideration the evidence and arguments made by both parties.

The judge will then discuss the legal standards to be met in order 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 then gives its closing arguments. If the jury fails to reach a consensus, the judge will declare a mistrial. In rare instances appeals may be available if you are not satisfied with the results of your trial.