Injury Litigation

Injury litigation is a legal process that allows you to claim compensation for your injuries and losses. Your injury attorney will build strong evidence in your case that includes eyewitness testimony, medical documentation in the form of defendant statements, expert witness opinions.

Your lawyer will bring your lawsuit. After the defendant has reacted to your lawsuit, the case goes into a stage of fact-finding called discovery.

The Complaint

Before the lawsuit can be filed, an injured person (plaintiff) must conduct pre-lawsuit discovery. This includes reading police accident reports, conducting informal discovery, and identifying potential defendants.

The plaintiff then has the option of filing a summons along with a complaint. The complaint outlines the harm caused by the defendant's or his actions. It typically includes a request for compensation for medical expenses loss of income, pain and suffering, and other damages arising from their injuries.

The defendant has 30 days to respond, also referred to as an answer. In this response, the defendant may accept or deny the allegations made in the complaint. They may also file counterclaims or include a third-party defendant in the suit.

During the discovery stage the parties will exchange relevant information regarding their positions and evidence. This involves depositions (also known as interrogatories), written questions (also called interrogatories) and requests for documents. This process usually occupies the majority of the timeline for an action. If there are any settlement options, these will be discussed. The case will proceed to trial if there is no settlement. During this period your lawyer will present your case to a judge or jury and the defendant will put on their defense.

The Discovery Phase

The discovery phase is a formal procedure that permits your legal team and the at-fault party to exchange information and collect evidence. This could include witness testimony, details of your medical treatment, and evidence of the losses you've suffered. Your attorney can use several tools to aid you in discovery, such as interrogatories and requests for documents. Interrogatories are written questions that require a response written, while request for documents involves requesting all relevant documentation that is under the control of the parties. Requests for admissions require the other party to acknowledge certain facts. This could save time and money since attorneys do not need to prove these uncontested facts during trial. Depositions are live conversations with witnesses, where your attorney can ask them questions regarding the incident under oath. Their answers will be recorded and transcribed.

Discovery may seem like an uncomfortable, lengthy and intrusive process, but it is necessary to gather the evidence needed to be successful in your claim for compensation. Your lawyer will be in a position to discuss the details of the discovery process with you during your free consultation. For instance, if you attempt to conceal a preexisting condition that your injury worsened and this information is discovered in the process of discovery and thrown out of your case.

The Negotiation Phase

Most cases of injury aim to reach a settlement through negotiations. The process of reaching this goal is usually a back-and-forth exchange 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 assist you decide on the number you want to demand your settlement, and then assist in negotiations.

One of the biggest challenges in settlement of an grand rapids injury attorney claim is that the amount you are owed which includes medical bills as well as lost income and future losses - can be a volatile factor. Your injuries may get worse over time. This could cause further loss or reduce the value of current losses. Your lawyer will ensure that your damages are determined by the current state of your injuries and a complete outlook for future recovery.

Insurance companies frequently try to limit their payout by arguing about certain aspects of your claim. This can lead to an inability to settle settlement negotiations. However, your lawyer can provide strategies to help you overcome these hurdles and obtain the best outcome for your case. In certain cases the process of negotiating an agreement can be lengthy, sometimes even for years. Numerous factors influence how long settlement negotiations last, but understanding what to expect can make the process less stressful and more efficient for you.

The Trial Phase

While the majority of injuries cases are resolved through settlement negotiations, injury attorney which are not in court, your attorney may choose to take your case to trial if an acceptable solution is not reached. This can be a costly lengthy and time-consuming procedure that can be stressful. The jury also has to decide whether the defendant is responsible for your injuries, and what amount of compensation you are entitled to. Your lawyer should thoroughly investigate your case to understand the circumstances surrounding your injury, the extent of the injuries, damages and costs.

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

The judge will then explain the legal standards which must be followed for the jury to come up with a verdict in favor of the plaintiff and against the defendant. This is known as jury instruction. After that, both sides present their closing arguments. If the jury is unable to reach a consensus on a verdict and the judge decides to declare a mistrial. If you are not happy with the outcome of your trial, there could be an appeal to be made.