injury law firm Litigation

Injury litigation is a legal procedure that allows you to claim compensation for your injuries and losses. Your injury lawyer will use strong evidence to prove your case. This includes eyewitness testimony, medical documents defense counsel's statements, defendant's testimony, and expert witness opinions.

Your lawyer will then start the lawsuit. After the defendant has responded to the suit, it moves to the phase of fact-finding known as discovery.

The Complaint

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

After the plaintiff has completed this, they are able to submit a summons and a complaint. The complaint identifies the party who is being sued and describes the harm caused by the defendant's conduct or lack thereof. The typical complaint will include a demand for compensation for medical bills loss of income, suffering and other damages that result from their injury.

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

During the discovery stage, both parties will exchange relevant information regarding their positions and the evidence. This involves depositions (also known as interrogatories), written questions (also called interrogatories), as well as requests for documents. This phase typically accounts for the most of the timeline for injury lawsuits. If there are any settlement opportunities the possibility of settlement will be discussed. Otherwise, the case will progress to trial. In this instance your lawyer will provide your argument to a judge or jury and the defendant will put on their defense.

The Discovery Phase

Discovery is a formal procedure that permits you and your legal team to exchange information with the other party and collect evidence. This may include witness testimony or details of your medical treatment, and evidence of losses you've suffered. Your attorney may use a variety tools to assist you during discovery, including interrogatories and requests for documents. Requests for documents are the requests to provide all relevant documents which is within each party's control. Interrogatories require written responses. Requests for admission are written letters to the other party asking for them to acknowledge certain facts. This will save time and money since the attorneys don't have to prove the facts at trial. Depositions are live conversations with witnesses, where the attorney can question them about the incident under oath, and have their answers recorded and transcribing by a court reporter.

Although discovery can appear to be an lengthy painful, invasive and uncomfortable process but it is an essential step to gather the evidence required for winning your injury case. During your consultation for free, your attorney will be able discuss the details of the discovery process. For instance, if you try to hide a prior condition that your injury worsened it could be discovered during the discovery process and dismissed from your case.

The Negotiation Phase

Most cases of injury aim to reach a settlement through negotiation. The process to achieve this goal usually involves a back-and-forth exchange between your lawyer and the insurance company. This may include informal conversations/correspondence (by phone, in meetings, Injury by email) where the parties trade offers and counter-offers. Your lawyer can assist you in deciding on the number of settlement you wish to demand and then help with negotiations.

One of the difficulties of settling an injury claim is that the amount of your damages including medical expenses or lost income as well as future losses - can be a volatile factor. The severity of your injuries could increase over time, which can increase your future losses and decrease the value of your current losses. Your lawyer will ensure that your damages are determined based on the severity of your injuries and the likelihood of future recovery.

A lot of times insurance companies are trying to limit their payouts for claims by arguing against certain elements of your case. This can cause delays in settlement negotiations but your lawyer will have strategies to help you get through these challenges and reach the best possible outcome for your case. Negotiating an agreement may take a long time or even years. Negotiations can take months or even a whole year based on various factors.

The Trial Phase

While most injury cases are resolved through settlement negotiations, which are not in the courtroom, your attorney could decide to bring your case to trial if an acceptable resolution is not reached. This can be a stressful lengthy, costly and expensive process. The jury must also decide if you are compensated for your injuries and, in the event that they do, how much. Therefore, it is essential for your lawyer to thoroughly research your case at this stage to fully comprehend the extent of your injuries and the extent of your injuries, the damages and costs.

Your attorney will now summon witnesses and experts and present evidence, such as photos 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 jury or judge will then take into consideration the evidence and arguments presented by both parties.

The judge will then go over the legal requirements to be met in order for the jury to rule for the plaintiff and against the defendant. This is known as jury instruction. After that, both sides present their closing arguments. If the jury fails to agree on a verdict and the judge declares a mistrial. In some cases appeals may be available if you are unhappy with the outcome of your trial.