Injury Litigation

Injury litigation is a legal procedure through which you can recover compensation for your injuries and losses. Your injury lawyer will develop solid evidence for your case by utilizing eyewitness testimony, medical documents in the form of defendant statements, expert witness opinions.

Your lawyer will start the lawsuit. Once the defendant has responded to the lawsuit, the case will move into a stage of fact-finding called discovery.

The Complaint

Before filing a lawsuit the person who was injured (plaintiff) must conduct a pre-lawsuit investigations. This involves reviewing police accident reports, conducting informal discovery and identifying potential liable parties.

After the plaintiff has completed this, they are able to make a complaint and summons. The complaint describes the harm caused by the defendant or his inaction. The typical complaint will include a demand for compensation for the victim's injuries including medical bills, lost wages, pain and suffering and other damages.

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

During the discovery phase the parties will exchange pertinent information about their positions and evidence. This usually involves depositions, written questions (called interrogatories) and requests for documents. This is usually the majority of the timeline for an action. If settlement opportunities are available, they will take place during this time. The case will then proceed to trial if there is no settlement. During this time, your attorney will present your side of the story to a jury or judge and the defendant will put on their defense.

The Discovery Phase

Discovery is a formal procedure that allows you and your legal team to exchange information with the other party and gather evidence. This may include witness statements, specifics about your medical treatment and proof of the expenses you've incurred. Your attorney may use a variety tools to assist you during discovery, including interrogatories as well as requests for documents. Interrogatories are written queries that require a written response and requests for documents require the submission of all relevant documents that fall under the control of each party. Requests for admission are written requests to the other party requesting them to admit certain facts. This will save time and cost as the attorneys don't need to prove their claims during trial. Depositions are live interviews of witnesses where your attorney is able to ask them questions about the incident under oath. get their answers recorded and transcribing by a court reporter.

Discovery may appear to be an uncomfortable, lengthy and invasive process, but it's necessary to collect the evidence you need to win your injury attorney claim. During your consultation for free the attorney will be able discuss the details of the discovery process. If you attempt to conceal an injury attorney that was already present and aggravated due to a medical condition that was already present the information could be found out during discovery and your case could be dismissed.

The Negotiation Phase

Most cases of injury aim to settle through negotiation. This usually involves a exchange of back and with your lawyer and the responsible party's insurer. 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 in deciding the amount of settlement you wish to demand and then help with negotiations.

One of the issues with settlement of an injury claim is that the amount you are owed including medical expenses loss of income, future losses - is a constantly changing factor. Your injuries may worsen as time passes, injury lawyer which could increase your future losses and decrease the amount of your current losses. Your attorney will work to ensure that your damages are determined by the current state of your injuries and an accurate prediction of your future recovery.

Insurance companies typically try to limit their payout by arguing about certain aspects of your claim. This can prolong settlement negotiations however, your lawyer can provide strategies to help you navigate these obstacles and get the most favorable outcome for your case. In certain cases negotiations to reach an agreement can be lengthy, sometimes even for years. Negotiations can take months or even years depending on various factors.

The Trial Phase

While the majority of injuries cases are resolved by settlement negotiations outside of the courtroom, your attorney might decide to take your case to trial if a fair resolution is not attainable. This is a stressful costly and time-consuming procedure. The jury also has to decide whether the defendant should be accountable for your injuries, and what compensation you will receive. Therefore, it is essential for your lawyer to conduct a thorough investigation of your case at this point to fully understand the extent of your injuries and the severity of your injuries, damages and expenses.

Your lawyer will now call witnesses and experts, and will present physical evidence, injury lawyer such as photographs or documents as well as medical reports. This is known as the case-in-chief phase. The defense attorney will then summon witnesses to testify in rebuttal and argue why the plaintiff should not be awarded damages. The judge or jury will then review the evidence and arguments presented by both parties.

The judge will explain to jurors the legal standards that must be adhered to in order for them to decide in the favor of the plaintiff or against the defendant. This is known as jury instruction. After that, both sides present their closing arguments. If the jury is unable to agree on a verdict the judge will declare the trial an unconstitutional trial. In some rare cases appeals may be available if not satisfied with the outcome of your trial.