Injury Litigation

Injury litigation is the legal process that allows you to collect compensation for your injuries and losses. The lawyer representing you will utilize strong evidence to prove your case. This includes eyewitness testimony, medical documents in the form of statements from the defendant, as well as expert witness opinions.

Your lawyer will then submit your lawsuit. When the defendant has responded then the case goes to a fact-finding stage called discovery.

The Complaint

Before a lawsuit can be filed, an injured party (plaintiff) must conduct pre-lawsuit discovery. This includes reviewing accident reports and conducting informal discovery and identifying any potentially liable parties and available causes of action that may be asserted against them.

The plaintiff may then file a summons with a complaint. The complaint is a formal declaration of the party that is being sued and exposes the harm caused by the defendant's actions or lack thereof. It typically includes a request for compensation for Injury Lawsuits medical bills, lost income, pain and suffering, and other damages resulting from their injuries.

The defendant will then have 30 days to file a reply, known as an answer in which they either admit or deny the allegations in the complaint. They may also include an additional defendant, or make counterclaims.

During the discovery phase during the discovery phase, both sides will share relevant information about their positions and the evidence they have in the case. This usually includes depositions, written questions (called interrogatories) and requests for documents. This is usually the majority of the timeframe for Injury lawsuits an action. If there are settlement options, they will take place during this period. The case will go to trial if there is no settlement. During this time, your attorney will tell your side of the tale before a judge or jury and the defendant will defend themselves.

The Discovery Phase

Discovery is a formal stage that allows you and your legal team to share information with the other party and collect evidence. This can include witness statements, details regarding your medical treatment, and proof of the losses that you have suffered. Your attorney can utilize a variety of tools to help you during discovery, including interrogatories and requests for documents. Requests for documentation are requests to provide all relevant documents that is within the respective parties' control. Interrogatories require written responses. Requests for admission ask the other side to admit certain facts. This can help save time and money because the attorneys don't have to prove these uncontested facts at trial. Depositions are live discussions with witnesses, during which your attorney can ask them questions regarding the incident under oath. Their responses will be recorded and then transcribed.

Discovery may seem like an uncomfortable, long and tedious process, but it's necessary to collect the evidence you need to prove your injury attorney claim. Your attorney will be capable of discussing the details of the discovery process with you during your complimentary consultation. For instance, if try to hide a preexisting condition that your injury worsened, this information could be discovered in the process of discovery and thrown out of your case.

The Negotiation Phase

Most cases of Injury Lawsuits aim to settle through negotiations. The process of reaching this goal is usually an exchange of information between your lawyer and the responsible party's 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 determine the best number to ask for your settlement and then assist in negotiations.

One of the issues with the process of settling an injury case is that the amount you are owed - including your medical bills, lost income, and future losses - is an evolving factor. Your injuries can get worse over time. This could increase future loss or reduce the value of current losses. Your lawyer will ensure that your damages are determined based on your current injuries as well as the probability of future recovery.

A lot of times insurance companies are trying to limit the amount they pay for claims by arguing against specific aspects of your case. This can result in delay in settlement negotiations. However your lawyer has strategies to help you overcome these hurdles and obtain the best possible result for your case. Negotiating an agreement may 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 effective for you.

The Trial Phase

Most injury cases are resolved without court through settlement negotiations. If a resolution is not reached the lawyer could decide to go to trial. This 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, should they, if so, in what amount. Your lawyer should investigate your case in order to understand the circumstances of your injuries, the amount of injuries, damages, and costs.

Your attorney will then call witnesses and experts and present physical evidence, including photographs, documents, and medical reports. This is known as the case-in chief phase. The defense attorney will then summon witnesses to testify and argue why the plaintiff shouldn't be awarded damages. The jury or judge will then take into consideration the evidence and arguments made by both sides.

The judge will then go over the legal requirements that must be met in order for the jury to find for the plaintiff and against the defendant. This is known as jury instruction. Afterwards, each side makes their closing arguments. If the jury is unable reach a consensus 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.