Injury Litigation

The process of suing for injury is a legal procedure through which you can claim compensation for your injuries and losses. Your injury lawyer will develop solid evidence for your case by utilizing eyewitness testimony, medical records, defendant statements and expert witness opinions.

Your lawyer will then start the lawsuit. After the defendant has replied to your lawsuit, the case goes into a stage of fact-finding called discovery.

The Complaint

Before the lawsuit can be filed, the injured person (plaintiff) must conduct pre-lawsuit discovery. This includes looking over police accident reports, making informal discovery and identifying defendants.

The plaintiff is then able to file an order with a complaint. The complaint describes the harm caused by the defendant's actions or his inaction. It typically contains a request for compensation for the victim's medical bills and lost income, as well as pain and suffering, and other damages arising from their injury.

The defendant is then given 30 days to file a reply called an answer in which they acknowledge or deny the allegations in the complaint. They can also file an additional counterclaim or injury lawyer add a third-party defendant the suit.

During the discovery phase in the discovery phase, both sides will exchange pertinent information regarding their positions and the evidence they have in the case. This typically involves depositions written questions (called interrogatories), and requests for documents. This is usually the majority of the timeframe for an action. If settlement opportunities are available these will occur during this period. The case will proceed to trial if there's no settlement. During this time your attorney will be able to provide your argument before a judge or a jury and the defendant will take on their defense.

The Discovery Phase

The discovery phase is a formal process that permits your legal team and the party at fault to exchange information and gather evidence. This may include witness testimony, details of your medical treatment, as well as evidence of the losses you've suffered. Your attorney may use a variety tools to aid you in discovery, including interrogatories as well as requests for documents. Interrogatories are written queries that require a written answer, while request for documents involves requesting all relevant documents under the control of each party. Requests for admission require the other party to admit certain facts. This can reduce time and cost since the attorneys don't have to prove these facts during trial. Depositions are live conversations with witnesses. Your attorney can ask them questions regarding the incident while under oath. Their answers will be recorded and then transcribed.

Although discovery can seem like a lengthy process that is invasive, uncomfortable and tedious, it is a necessary step to gather the evidence you need to win your case. During your free consultation, your attorney will be able to explain the specifics of the discovery process. If you try to hide a preexisting injury that worsened due to a preexisting medical condition The information could be discovered during discovery and your case could be thrown out.

The Negotiation Phase

Most cases of injury aim to settle through negotiation. The process typically involves an exchange of information back and forth between your lawyer and the insurer of the party who is responsible. This may include informal conversations/correspondence (by phone, in meetings, injury lawyer by email) where the parties trade offers and counter-offers. Your lawyer can assist you in deciding on the amount of settlement you wish to request and assist with negotiations.

The amount of damage, which includes medical bills, lost wages and future losses, is a variable that is dynamic. Your injuries can get worse over time. This could result in a rise in future losses or decrease the value of your current losses. Your attorney will ensure that damages are determined based on the severity of your injuries and the likelihood of the future recovery.

Often insurance companies try to limit the amount they pay for claims by arguing against specific elements of your case. This can lead to an inability to settle settlement negotiations. However your lawyer will have strategies to help you overcome these obstacles to get the best possible outcome for your case. In some instances, the process of negotiating an agreement could be lengthy, sometimes even for years. Negotiations can take several months or even years, depending on many factors.

The Trial Phase

Most cases involving injuries are resolved outside of court through settlement negotiations. If the resolution isn't reached your lawyer might decide to take the case to trial. This is a stressful, expensive and time-consuming process. The jury will also have to decide if you should be compensated for your injuries, and if so, how much. Therefore, it is essential for your lawyer to thoroughly research your case prior to the trial to fully understand the way you were injured and the extent of your injuries, the damages and expenses.

At this moment, your lawyer will call witnesses as well as experts to testify and present evidence of physical nature, such as documents, photographs and medical reports. This is known as the case-in chief phase. The defense attorney will summon witnesses to testify in rebuttal and argue for the reasons why the plaintiff should not be awarded damages. The judge or jury considers the arguments and evidence of both parties.

The judge will then explain the legal standards that must be met for the jury to find in favor of the plaintiff and against the defendant. This is referred to as jury instruction. Each side then gives its closing arguments. If the jury cannot reach an agreement on a final verdict, the judge will declare that the trial an unconstitutional trial. In rare instances an appeal could be available if unhappy with the outcome of your trial.