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Injury Litigation

Injuries litigation is a legal process that allows you to claim compensation for your injuries and losses. Your injury lawyer will use strong evidence to prove your case, including eyewitness testimony, medical records in the form of statements from the defendant, as well as expert witness opinions.

Your lawyer will file your lawsuit. After the defendant responds then the case goes to an investigation stage, also known as discovery.

The Complaint

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

The plaintiff may then file a summons along with a complaint. The complaint details the damages caused by the defendant's action or his actions. It typically contains a request to recover damages for the victim's injuries, including medical bills as well as lost wages or income, as well as pain and other damages.

The defendant then has 30 days to file a reply which is referred to as an answer in which they acknowledge or deny the allegations made in the complaint. They may also make counterclaims or add a third-party defendant the suit.

During the discovery phase in the discovery stage, both parties exchange pertinent information about their positions and evidence. This typically involves depositions written questions (called interrogatories) and requests for documents. This typically comprises the most of the timeline for lawsuits. During this phase, if there are any settlement possibilities the possibility of settlement will be discussed. If not, the case will progress to trial. In this instance your attorney will be able to give your perspective before a jury or judge and the defendant will put on their defense.

The Discovery Phase

Discovery is a formal process that permits you and your legal team to share information with the other party and collect evidence. This can include witness statements, details regarding your medical treatment, and proof of the expenses that you have suffered. Your attorney may use a variety tools to aid you in discovery, including interrogatories as well as requests for documents. Requests for documents are requests to provide all relevant evidence that is within the respective parties' control. Interrogatories require written responses. Requests for admission require the other party to acknowledge certain facts. This could reduce time and cost since the attorneys do not have to prove these facts at trial. Depositions are live conversations with witnesses where your attorney can interview them about the incident under oath, and get their answers recorded and transcribed by a court reporter.

While discovery may appear to be an lengthy painful, invasive and uncomfortable process, it is a necessary step to gather the evidence required to win your injury case. During your free consultation with your attorney, you will be able discuss the details of the discovery process. For instance, if try to hide a prior health issue that caused your injury attorneys to get worse and this information is discovered during the discovery process and dismissed from your case.

The Negotiation Phase

The negotiation of a settlement is the primary goal in most injuries. The process for achieving this goal usually 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 help you decide on the number you want to demand for your settlement and can then assist in negotiations.

The amount of damages, which includes medical bills, lost wages and future loss, is a factor that is constantly changing. Your injuries could get worse over time, which may increase the amount of your future losses and reduce the amount of your current losses. Your lawyer will ensure that your damages are dependent on the current condition of your injuries and a full prognosis for injuries future recovery.

Most often insurance companies attempt to limit the amount they pay for claims by arguing against specific aspects of your case. This can delay settlement negotiations however, your lawyer has strategies to help you get through these difficulties and achieve the best possible outcome for your case. In some cases, the process of negotiating an agreement can be lengthy, sometimes even for years. Many factors affect the length of time settlement negotiations last, but understanding what to expect can make the process less stressful and more effective for you.

The Trial Phase

While most injury cases are resolved through settlement talks outside of court, your attorney may decide to take your case to trial if a satisfactory solution is not reached. This can be a costly, time-consuming and stressful process. It also requires the jury to decide whether the defendant should be accountable for your injuries, and what amount of compensation you should be awarded. Therefore, it is essential for your lawyer to thoroughly research your case prior to the trial to fully comprehend the way you were injured, the extent of your injuries, the damages and costs.

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

The judge will explain to the jury the legal standards that must be followed in order for them to decide in the favor of the plaintiff or against the defendant. This is called jury instruction. Each side then presents its closing arguments. If the jury is unable to reach a consensus, the judge will declare a mistrial. In rare instances, an appeal may be available if not satisfied with the result of your trial.