Injury Litigation

Injury litigation is a legal procedure through which you can recover compensation for your injuries and losses. Your lawyer will create strong evidence for your case including eyewitness testimony, medical documentation as well as statements of the defendant and expert witness opinions.

Your lawyer will bring your lawsuit. Once the defendant has responded to the lawsuit, the case will move into the stage of fact-finding, which is known as discovery.

The Complaint

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

After the plaintiff has completed this, they can submit a summons and a complaint. The complaint details the damage caused by the defendant's action or his actions. The typical complaint will include a demand to seek damages for injuries suffered by the victim, including medical bills and lost wages as well as pain and suffering, among other damages.

The defendant then has 30 days to file a reply or answer or answer, in which they accept or deny the allegations in the complaint. They may also add third party defendants or file an appeal.

During the discovery phase during the discovery phase, both sides will share relevant information about their respective positions and evidence in the case. This typically involves depositions written questions (called interrogatories) and requests for documents. This is typically the most of the timeline for lawsuits. If settlement opportunities are available these will occur during this period. The case will then go to trial if there is no settlement. During this period, your attorney will explain your case before a judge or a jury and the defendant will put on their defense.

The Discovery Phase

Discovery is a formal stage that allows you and your legal team to share information with the other party and gather evidence. This could include witness testimony as well as details of your medical treatment, and evidence of the losses you've suffered. Your lawyer can also make use of various tools during discovery to help your case, such as interrogatories, requests for documentation and depositions. Interrogatories are written questions that require a written answer as well as requests for documents requires the submission of all relevant documents under the control of the parties. Requests for admission require the other party to admit certain facts. This could save time and money since the injury attorneys do not have to prove these uncontested facts in court. Depositions are live discussions with witnesses. During these interviews, your attorney can ask them questions regarding the incident under the oath. Their responses will be recorded and transcribed.

Discovery may appear to be an uncomfortable, lengthy and tedious process, but it is necessary to gather the evidence you need to prove your injury claim. Your lawyer will be willing to go over the specifics of the discovery process with you during your no-cost consultation. If you try to hide an injury claim that has already been aggravated due to a medical condition that was already present the information could be found out during discovery and your case could be thrown out.

The Negotiation Phase

The majority of injury attorney cases seek to reach a settlement through negotiation. This usually involves an exchange of information back and forth between your lawyer and that of 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 decide on the number you want to demand your settlement and can then assist in negotiations.

The amount of damages, such as medical bills, lost wages and Injury Litigation future losses, is a factor that changes. Your injuries may worsen as time passes, which could increase your future losses, and reduce the value of your current losses. Your attorney will work to ensure that your damages are determined by the current state of your injuries as well as a complete outlook for future recovery.

Often, insurance companies are trying to limit their payouts for claims by arguing against certain aspects of your case. This can prolong settlement negotiations however, your lawyer has strategies to help you get through these issues and get the most favorable outcome for your case. Negotiating a settlement can take months or even years. Negotiations can last for months or even years based on a variety of factors.

The Trial Phase

While the majority of cases involving injuries are resolved through settlement talks outside of the courtroom, Injury litigation your attorney could choose to take your case to trial if a fair solution is not reached. This can be a costly lengthy and time-consuming procedure that can be stressful. The jury must also decide if you should be compensated for your injuries and if so, how much. Your lawyer should thoroughly investigate your case to understand the circumstances of your injuries, the amount of damages, injuries, and the costs.

Your lawyer will now call witnesses as well as experts and present physical evidence, like photographs or documents as well as medical reports. This is the "case-in-chief" phase. The defense attorney will summon witnesses to testify in argument against the plaintiff and argue that plaintiffs shouldn't be awarded damages. The jury or judge will then review the evidence and arguments made by both parties.

The judge will explain to the jury the legal standards which must be met in order to make a decision in 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 reach a consensus on a verdict and the judge decides to declare a mistrial. If you are not happy with the results of the trial, there could be an appeal to be made.