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Injury Litigation

Injury litigation is the legal procedure that allows you to collect compensation for your losses and injuries. Your injury attorney will build strong evidence in your case, including eyewitness testimony, medical documents, defendant statements and expert witness opinions.

Your lawyer will bring your lawsuit. After the defendant has reacted to the suit, it moves to the phase of fact-finding known as discovery.

The Complaint

Before the lawsuit can be filed, the injured party (plaintiff) must conduct pre-lawsuit discovery. This involves reviewing police accident reports, conducting informal discovery and identifying potential liable parties.

Once the plaintiff has done this, they are able to start a summons as well as a complaint. The complaint identifies the party who is being sued. It also describes the harm that was caused by the defendant's conduct or inaction. It typically contains a request for compensation for the victim's injuries, including medical bills loss of wages along with pain and suffering and other damages.

The defendant has 30 days to respond, also known as an answer. In this response, the defendant has the option to admit or deny any claims made in the complaint. They can also file counterclaims or add a third-party defendant to the suit.

During the discovery phase in the discovery stage, both parties exchange pertinent information about their positions and evidence. This phase includes depositions (also called interrogatories) as well as written questions (also known as interrogatories) and requests for documents. This is usually the majority of the timeline for an action. If there are settlement possibilities these will occur during this period. The case will go to trial if there is no settlement. During this period, your attorney will tell your side of the tale to a jury or judge and the defendant will defend themselves.

The Discovery Phase

Discovery is a formal stage that permits you and your legal team to share information with the other party and gather evidence. It could include witness statements, information regarding your medical treatment, as well as proof of the damages you have incurred. Your attorney can also use several different tools during discovery to help your case, including interrogatories, requests for documents and depositions. Requests for documents are requests to provide all relevant documentation that is under each party's control. Interrogatories require written responses. Requests for admissions ask the other party to acknowledge certain facts. This could save time and money since the attorneys do not have to prove these uncontested facts in court. Depositions are live recordings of witnesses in which your attorney can question them about the incident under oath, and get their answers recorded and translated by a court reporter.

While discovery may appear to be an lengthy painful, invasive and uncomfortable process but it is an essential step to gather the evidence you need to win your injury attorney claim. Your attorney will be able to discuss the specifics of the discovery process with you during your complimentary consultation. For instance, if attempt to conceal a preexisting condition that has aggravated your injury it could be discovered in the process of discovery and removed from your case.

The Negotiation Phase

Negotiating a settlement is the aim of the majority of injury cases. The process to achieve this goal usually involves an exchange of information between your lawyer and the 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 decide on the number you want to demand for your settlement and can then assist in negotiations.

The amount of damages, such as medical bills, lost wages, and future losses, is a factor that is always changing. The severity of your injuries could increase over time, which can increase your future losses, and reduce the value of your current losses. Your lawyer will ensure that your damages are based on the current state of your injuries, and provide a full prognosis for future recovery.

A lot of times insurance companies attempt to limit their payout for claims by arguing against some aspects of your case. This can lead to delay in settlement negotiations. However your lawyer will have strategies that will assist you in overcoming these obstacles to get the best possible outcome for your case. Negotiating a settlement can be a lengthy process that can take months or years. Many factors affect how long settlement negotiations take, but knowing what to expect can make the process less stressful and more efficient for you.

The Trial Phase

The majority of injury cases are settled outside of court through settlement negotiations. However, if there is no resolution the lawyer could decide to proceed to trial. This is an expensive lengthy and time-consuming procedure that can be stressful. It also requires the jury to decide whether the defendant should be accountable for your injuries, and what compensation you will receive. Your lawyer should thoroughly investigate your case to understand the circumstances of your injuries, the severity of injuries, damages, and costs.

Your lawyer will now call witnesses and experts and present evidence, including photographs, documents, and medical reports. This is referred to as the case-in­-chief phase. The defense attorney will summon witnesses to testify on behalf of a argument against the plaintiff and argue that plaintiffs shouldn't be awarded damages. The jury or judge will then consider the evidence and arguments presented by both sides.

The judge will then outline the legal standards which must be followed for the jury to rule in favor of the plaintiff and against the defendant. This is referred to as jury instruction. Each side will then present its closing arguments. If the jury cannot reach a consensus on a verdict and the judge declares a mistrial. If you are not happy with the result of your trial, there might be a right to appeal.