injury lawyers Litigation

Injuries litigation is a legal procedure that allows you to get compensation for your injuries and losses. Your injury lawyer will develop strong evidence for your case by utilizing eyewitness testimony, medical records, defendant statements and expert witness opinions.

Your lawyer will then begin to file your lawsuit. When the defendant has responded, the case enters the discovery phase, which is a process of finding facts.

The Complaint

Before filing a lawsuit the person who was injured (plaintiff) must conduct a an investigation prior to the filing of a lawsuit. This includes reviewing accident reports, conducting informal discovery, and identifying parties that could be liable and causes of action that could be argued against them.

The plaintiff is then able to file a summons along with a complaint. The complaint is a formal declaration of the party who is being sued and details the harm caused by the defendant's actions or inaction. It usually includes a request for compensation for the victim's medical expenses as well as lost income, suffering and injuries pain, as well as other damages related to their injuries.

The defendant has 30 days to respond, also known as an answer. In this response, the defendant is able to admit or deny any allegations made in the complaint. They can also include third party defendants or file an appeal.

During the discovery phase where both sides exchange pertinent information regarding their respective positions and evidence in the case. This usually involves depositions, written questions (called interrogatories) and requests for documents. This typically comprises the most of the timeline for lawsuits. In this phase, if there are settlement opportunities they will be discussed. The case will then proceed to trial if there is no settlement. During this period, your attorney will tell your side of the story to a jury or judge and the defendant will defend themselves.

The Discovery Phase

The discovery phase is a formal procedure that allows your legal team and the party at fault to exchange information and gather evidence. This may include witness statements, details about your medical treatment and proof of the expenses you have incurred. Your lawyer may also employ several tools in discovery to help your case, such as interrogatories, documents requests and depositions. Requests for documentation are requests to provide all relevant evidence that are within each party's control. Interrogatories require written responses. Requests for admission are written demands to the other party asking them to admit certain facts. This will save time and cost as the attorneys don't have to prove their case in court. Depositions are live conversations with witnesses in which your attorney can question them about the incident under oath, and have their answers recorded and transcribed by a court reporter.

Although discovery can appear to be a long, intrusive and uncomfortable process, it is a necessary step to gather the evidence required to win your case. During your free consultation with your attorney, you will be able to discuss the specifics of the discovery process. If you try to hide an injury that was already present and aggravated due to a preexisting medical condition This information could be discovered during the process of discovery and your case could be thrown out.

The Negotiation Phase

The majority of cases involving injuries aim to settle through negotiation. The process of reaching 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 assist in determining the amount of settlements you wish to request and assist in negotiations.

The amount of damages, which includes medical bills, lost wages, and future losses, is a factor that changes. Your injuries can 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 dependent on the current condition of your injuries as well as an accurate prediction of your future recovery.

Most often, insurance companies are trying to limit their payout for claims by arguing against certain aspects of your case. This can result in an inability to settle settlement negotiations. However, your lawyer has strategies to assist you in overcoming these obstacles and get the best possible outcome for your case. The process of negotiating an agreement can take months or even years. Negotiations can last for several months or even years, depending on many different factors.

The Trial Phase

While most injury cases are resolved through settlement negotiations outside of court, your attorney may choose to take your case to trial if an acceptable resolution is not reached. This is a costly lengthy and time-consuming procedure that can be stressful. The jury will also have to decide if you are compensated for your injuries and should they, if so, in what amount. Therefore, it is essential for your lawyer to conduct thorough research on your case at this point to fully understand the nature of your injuries, the extent of your injuries, the damages and expenses.

At this point, your attorney will summon witnesses and experts to testify, and present evidence of physical nature, such as documents, photographs and medical reports. This is the "case-in-chief" phase. The defense attorney will then 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 made by both parties.

The judge will explain to jurors the legal standards that must be followed in order to decide whether to go in favor of plaintiff or against defendant. This is referred to as jury instruction. Each side then gives its closing arguments. If the jury is unable agree on a verdict, the judge will declare a mistrial. In some rare instances, an appeal may be available if not satisfied with the results of your trial.