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Injury Litigation

The legal process that allows you to seek compensation for your injuries and losses. Your injury lawyer will develop solid evidence in your case including eyewitness testimony, medical documents in the form of defendant statements, expert witness opinions.

Your lawyer will begin the process of filing your lawsuit. After the defendant has responded to the suit, it moves to a stage of fact-finding called discovery.

The Complaint

Before a lawsuit is filed, an injured party (plaintiff) must conduct pre-lawsuit discovery. This includes reviewing accident reports and conducting informal discovery and identifying parties that could be liable and available causes of action that could be filed against them.

The plaintiff is then able to file an accusation and summons. The complaint identifies the person who is being sued and describes the harm that was caused by the defendant's conduct or lack thereof. It typically contains a request for compensation to compensate the victim for their injuries, including medical bills as well as lost wages, pain and suffering and other damages.

The defendant has 30 days to respond, which is also referred to as an answer. In this response, the defendant is able to acknowledge or deny the allegations made in the complaint. They can also file an additional counterclaim or include a third-party defendant in the suit.

During the discovery phase, both sides will exchange relevant information about their positions and the evidence in the case. This includes depositions (also known as interrogatories), written questions (also known as interrogatories) and requests for documents. This phase usually takes up the majority of the timeframe for a lawsuit. If settlement opportunities are available, they will take place during this period. The case will then go to trial if there is no settlement. In this instance your attorney will be able to explain your perspective before a judge or a jury and the defendant will put on their defense.

The Discovery Phase

The discovery phase is a formal procedure that allows your legal team and the party at fault to exchange information and collect evidence. It could include witness statements, specifics about your medical treatment and injury Law firms proof of the expenses that you have suffered. Your attorney may use a variety tools to assist you during 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 are written letters to the other party requesting for their admission to certain facts. This can save time and money since attorneys don't have to prove the facts in court. Depositions are live recordings of witnesses, where the attorney can question them about the incident under oath and get their answers recorded and transcribed by a court reporter.

Discovery may seem like an uncomfortable, lengthy and intrusive process, but it's necessary to collect the evidence needed to be successful in your claim for compensation. Your attorney will be able to discuss the specifics of the discovery process with you during your complimentary consultation. If you attempt to conceal a preexisting injury lawsuit that worsened due to a preexisting medical condition This information could be discovered during discovery and your case could be thrown out.

The Negotiation Phase

Negotiating a settlement is the aim of the majority of injuries. The process of reaching this goal is usually a back-and-forth exchange 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 decide on the number you want to request for your settlement and then assist in negotiations.

One of the difficulties of settling an injury claim is that the amount of your damages (including medical bills as well as lost income and future losses - is a dynamic aspect. Your injuries could worsen over time. This could cause further losses or reduce the value of current losses. Your lawyer will ensure that your damages are in line with the current condition of your injuries as well as an accurate prediction of your future recovery.

Insurance companies usually try to limit their payout by disputing certain elements of your claim. This could delay settlement negotiations however, your lawyer has strategies to help you navigate these difficulties and achieve the best possible outcome for your case. In certain cases, the process of negotiating an agreement could be lengthy, sometimes even for years. There are many factors that affect how long settlement negotiations will be, but knowing what to expect can make the process less stressful and more efficient for you.

The Trial Phase

Although the majority of injury law firms cases are resolved through settlement negotiations outside of the courtroom, your attorney could choose to take your case to trial if a fair resolution is not attainable. This can be a stressful costly and time-consuming process. The jury must also decide if you should be paid for your injuries and should they, if so, in what amount. Your lawyer must thoroughly research your case to understand the circumstances of your injuries, the severity of injuries, damages, and the costs.

Your attorney will then call witnesses and experts, and will present physical evidence, including photographs, documents, and medical reports. This is the "case-in-chief" phase. The defense attorney will then summon witnesses to testify in rebuttal and argue for the reasons why the plaintiff shouldn't be awarded damages. The jury or judge will then review the evidence and arguments made by both parties.

The judge will then go over the legal standards that must be met in order for the jury to come up with a verdict for the plaintiff and against the defendant. This is referred to as jury instruction. Afterwards, each side makes their closing arguments. If the jury cannot reach a decision, the judge will declare a mistrial. In some cases appeals may be available if you are unhappy with the outcome of your trial.