Injury Litigation

Legally, it is the procedure which allows you to claim compensation for your injuries and losses. Your injury attorney will build solid evidence in your case that includes eyewitness testimony, medical records as well as statements of the defendant and expert witness opinions.

Your lawyer will begin the process of filing your lawsuit. After the defendant has responded, the case moves 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 involves looking over police accident reports, making informal discovery and identifying potential responsible parties.

The plaintiff may then file a summons with a complaint. The complaint details the damage caused by the defendant's action or his actions. The typical complaint will include a demand for compensation for medical expenses, lost income, suffering and pain, injury attorney and other damages related to their injuries.

The defendant will then have 30 days to file a reply which is referred to as an answer, in which they admit or deny the allegations contained in the complaint. They may also make a counterclaim or include a third-party defendant in the suit.

During the discovery phase in the discovery phase, both sides will exchange relevant information about their positions and evidence in the case. This usually involves depositions, written questions (called interrogatories) and requests for documents. This is usually the majority of the timeframe for an action. If there are settlement possibilities these will occur during this period. In the event that there is no settlement the case will go to trial. In this time the attorney will present your side before a judge or jury and the defendant will defend themselves.

The Discovery Phase

Discovery is a formal procedure that allows you and your legal team to share information with the other party and collect evidence. This could include witness testimony and details about your medical treatment, and evidence of the losses you've suffered. Your attorney will have access to a variety of tools to assist you during discovery, including interrogatories as well as requests for documents. Interrogatories are written queries that require a written answer as well as requests for documents involves requesting all relevant documentation that is under the control of the parties. Requests for admission are written letters to the other party, asking them to admit certain facts. This could save time and money since attorneys do not need to prove their claims during trial. Depositions are live interviews of witnesses in which your attorney can ask them questions about the incident under oath and get their answers recorded and translated by a court reporter.

Discovery may seem like an uncomfortable, lengthy and tedious process, but it is essential to gather the evidence you need to win your injury claim. During your free consultation the attorney will be able to explain the specifics of the discovery process. For example, if you try to hide a preexisting condition that has aggravated your injury and this information is discovered in the process of discovery and removed from your case.

The Negotiation Phase

The majority of injury cases seek to settle through negotiations. The process of reaching this goal typically involves 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 assist you in deciding on the number of settlement you wish to negotiate and help in negotiations.

One of the challenges of the process of settling an injury case is that the amount you are owed - including your medical bills as well as lost income and future losses - can be a volatile factor. Your injuries can get worse 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 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 elements of your case. This could delay settlement negotiations however, your lawyer can provide strategies to help you overcome these challenges and reach the best possible outcome for your case. Negotiating an agreement can sometimes take months or even years. Negotiations can take months or even years based on various factors.

The Trial Phase

Although the majority of injury cases are resolved through settlement talks outside of court, your attorney may decide to bring your case to trial if a fair solution is not reached. This is a costly and time-consuming process that can be stressful. The jury must also decide if you should be paid for your injuries and should they, if so, in what amount. It is therefore important for your lawyer to thoroughly investigate your case in this phase to fully comprehend the way you were injured, the extent of your injuries, the damages and expenses.

Your lawyer will now call witnesses and experts and present evidence, like photographs documents, documents, and medical reports. This is the "case-in-chief" phase. The defense attorney will summon witnesses to testify on behalf of a argument against the plaintiff, and argue that the plaintiff should not be entitled to damages. The judge or jury will then look at the evidence and arguments offered by both parties.

The judge will explain to the jury the legal requirements that must be followed in order for them to decide whether to go in favor of plaintiff or against defendant. This is known as jury instruction. Following that, each side will present their closing arguments. If the jury is not able to agree on a verdict the judge will declare that the trial a mistrial. If you're not satisfied with the outcome of your trial, there might be an appeal available.