injury lawyer Litigation

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

Your lawyer will then begin to file your lawsuit. After the defendant has reacted, the case moves into the phase of fact-finding known as discovery.

The Complaint

Before filing a lawsuit the person who suffered the injury (plaintiff) must conduct a pre-lawsuit investigations. This involves reviewing police accident reports, making informal discovery, and identifying potential at-fault parties.

The plaintiff may then file an accusation and summons. The complaint details the damage caused by the defendant's or his inaction. The typical complaint will include a demand for compensation for medical bills, lost income, suffering and pain, as well as other damages arising from their injury.

The defendant then has 30 days to file a response, known as an answer or answer, in which they accept or deny the allegations contained in the complaint. They may also add an additional defendant, or file an appeal.

During the discovery phase where both sides exchange 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 typically the major portion of the litigation timeline. If there are settlement possibilities, they will take place during this time. In the event that there is no settlement the case will go to trial. During this period, your attorney will explain your argument before a judge or a jury and the defendant will put on their defense.

The Discovery Phase

The discovery phase is a formal process that permits your legal team and the at-fault party to exchange information and collect evidence. This can include witness testimony as well as details of your medical treatment, and proof of losses you have suffered. Your lawyer can also make use of several different tools during discovery to assist your case, including interrogatories, requests for documentation and depositions. Interrogatories are written queries that require a response written while requests for documents requires the submission of all relevant documentation under the control of the parties. Requests for admissions require the other party to accept certain facts. This can save time and money as the attorneys do not have to prove these facts in court. Depositions are live conversations with witnesses, where the attorney can interview them about the incident under oath, and get their answers recorded, and then transcribed by a court reporter.

While it might appear to be a long painful, invasive and uncomfortable process, it is a necessary step to gather the evidence you need to win your case. Your lawyer will be able to discuss the specifics of the discovery process with you during your complimentary consultation. For example, if you try to hide a prior health issue that caused your injury to get worse or aggravated, the information could be discovered in the process of discovery and then thrown out of your case.

The Negotiation Phase

Most injury cases aim to settle a case through negotiation. The process typically involves a exchange of back and to and back-and-forth between your lawyer as well as 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 you determine the best number to demand your settlement and assist in negotiations.

The amount of damages, including medical bills, lost wages and Injury attorneys future losses, is a factor that is dynamic. Your injuries could get worse over time, which can increase your future losses and decrease the value of your current losses. Your attorney will work to ensure that your damages are determined by the current state of your injuries and a complete outlook for future recovery.

Insurance companies frequently attempt to limit their payout by arguing against certain aspects of your claim. This can result in an inability to settle settlement negotiations. However, your lawyer will have strategies to assist you in overcoming these obstacles and get the best outcome for your case. In some cases, the process of negotiating an agreement can take months or even years. There are many factors that affect the length of time that settlement negotiations be, but knowing what to expect will make the process less stressful and injury attorney more efficient for you.

The Trial Phase

While most injury cases are resolved through settlement negotiations outside of the courtroom, your attorney might decide to bring your case to trial if a fair resolution is not reached. This can be a stressful, expensive and time-consuming procedure. The jury will also have to decide if you are paid for your injuries and If so, what amount. Your lawyer should thoroughly investigate your case to discover the circumstances surrounding your injury, as well as the severity of the injuries, damages and the costs.

At this point, your lawyer will call witnesses as well as experts to testify and present physical evidence such as documents, photographs, and medical reports. This is known as the "case-in-chief" phase. The defense attorney will summon witnesses to testify and argue why the plaintiff shouldn't be awarded damages. The judge or jury will then consider the evidence and arguments put forward by both parties.

The judge will explain to the jury the legal requirements that must be adhered to in order for them to make a decision in favor of plaintiffs or against defendants. This is known as jury instruction. Afterwards, each side makes their closing arguments. If the jury fails to agree on a verdict, the judge will declare a mistrial. In some cases, an appeal may be available if you are unhappy with the outcome of your trial.