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Injury Litigation

Legally, it is the process that allows you to recover compensation for your injuries and losses. Your lawyer will use strong evidence to support your case, including eyewitness testimony, medical documents, defendant's statements, and expert witness opinions.

Your lawyer will begin the process of filing your lawsuit. After the defendant responds to the lawsuit, the case moves to a fact-finding stage called discovery.

The Complaint

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

The plaintiff then has the option of filing a summons along with a complaint. The complaint identifies who is the party who is being sued and details the harm caused by the defendant's actions or lack thereof. The typical complaint will include a demand to recover damages for the victim's injuries, including medical bills and lost wages, pain and suffering and other damages.

The defendant has 30 days to respond, also known as an answer. In this response, the defendant is able to acknowledge or deny the allegations made in the complaint. They can also add an additional defendant from a third party or make counterclaims.

During the discovery phase, both sides will exchange pertinent information regarding their positions and evidence in the case. This typically involves depositions written questions (called interrogatories) and requests for documents. This process usually occupies the majority of the timeline for the lawsuit. If there are any settlement opportunities, these will be discussed. In the event that there is no settlement the case will go to trial. In this instance the attorney will provide your side of the story to a jury or Injury Litigation 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 share information with the other party and collect evidence. This can include witness testimony and details about your medical treatment, as well as evidence of losses you've suffered. Your lawyer may also employ several tools in discovery to help your case, including interrogatories and requests for documents and depositions. Requests for documents are essentially requests to provide all relevant evidence that is under each party's control. Interrogatories require written responses. Requests for admissions ask the other side to admit certain facts. This can reduce time and cost since lawyers do not have to prove the facts uncontested during trial. Depositions are recorded interviews with witnesses, where the attorney can inquire about the incident under oath. have their answers recorded and transcribed by a court reporter.

Although discovery can seem like a lengthy painful, invasive and uncomfortable process but it is an essential step to gather the evidence necessary to win your case. Your lawyer will be in a position to discuss the details of the discovery process in your free consultation. If you try to hide a preexisting injury settlement that worsened due to a preexisting medical condition The information could be found out during discovery and your case could be dismissed.

The Negotiation Phase

Most cases of injury settlement aim to settle a case through negotiation. The process for achieving this goal typically involves a back-and-forth exchange 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 you decide on a number to ask for your settlement and then assist in negotiations.

One of the issues with settlement of an injury claim is that the amount of your damages - including your medical bills loss of income, future losses - is an evolving aspect. Your injuries could get worse as time passes, which could increase the amount of your future losses and reduce the amount of your current losses. Your lawyer will ensure that your damages are determined by the current state of your injuries, and provide a complete outlook for future recovery.

Insurance companies often attempt to limit the amount they pay by arguing about certain aspects of your claim. This could lead to an inability to settle settlement negotiations. However your lawyer can provide strategies to help you overcome these obstacles to get the best possible result for your case. In some cases, the process of negotiating an agreement can be a long process that can take months or even years. Negotiations can take months or even years based on a variety of factors.

The Trial Phase

While most injury settlement cases are resolved through settlement negotiations, which are not in the courtroom, your attorney could choose to take your case to trial if a fair resolution is not attainable. It 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. It is crucial for your lawyer to conduct a thorough investigation of your case at this stage to fully comprehend how you were injured and the extent of your injuries, the damages and costs.

At this point, your lawyer will call witnesses and experts to testify, and provide evidence in the form of documents, photos, and medical reports. This is the "case-in-chief" phase. The defense attorney will then call witnesses to testify and argue why the plaintiff shouldn't be awarded damages. The judge or jury evaluates the arguments and evidence of both parties.

The judge will then outline the legal standards which must be followed for the jury to rule in favor of the plaintiff and against the defendant. This is known as jury instruction. Afterwards, each side makes their closing arguments. If the jury is not able to agree on a verdict the judge will declare that the trial a mistrial. If you are not happy with the outcome of your trial, there may be an appeal option.