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injury lawsuit Litigation

Injury litigation is the legal procedure that allows you to collect compensation for your injuries and losses. The lawyer representing you will utilize strong evidence to support your case, such as eyewitness testimony, medical records, 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 an investigation stage, also known as discovery.

The Complaint

Before the lawsuit is filed, an injured person (plaintiff) must conduct pre-lawsuit discovery. This involves reading the police accident reports, conducting informal discovery and identifying potential defendants.

After the plaintiff has completed this, they are able to submit a summons and a complaint. The complaint identifies the person that is being sued and details the harm caused by the defendant's conduct or lack thereof. It typically includes a request for compensation for medical bills and lost income, as well as pain and suffering, and other damages related to their injury settlement.

The defendant is then given 30 days to file a response, known as an answer, in which they admit or deny the allegations made in the complaint. They may also add an additional defendant, or make counterclaims.

During the discovery phase during the discovery phase, both sides will share relevant information about their positions and the evidence in the case. This includes depositions (also called interrogatories) and written questions (also called interrogatories) and requests for documents. This phase typically accounts for the majority of the lawsuit timeline. If settlement opportunities are available these will occur during this period. In the event that there is no settlement the case will proceed to trial. During this period your lawyer will present your side before a judge or jury and the defendant will defend themselves.

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 could include witness testimony as well as details of your medical treatment, as well as evidence of losses you've suffered. Your attorney may also employ various tools during discovery to help your case, including interrogatories, requests for documents and depositions. Interrogatories are written inquiries that require a response written as well as requests for documents requires the submission of all relevant documentation under the control of each party. Requests for admissions ask the other side to admit certain facts. This could save time and money as the attorneys do not have to prove these undisputed facts during trial. Depositions are live conversations with witnesses in which your attorney can inquire about the incident under oath. They will get their answers recorded and translated by a court reporter.

Although it may appear to be a long process that is invasive, uncomfortable and tedious, it is a necessary step to gather the evidence necessary to win your injury case. During your free consultation the attorney can discuss the specifics of the discovery process. For example, if you attempt to conceal a preexisting health issue that caused your injury to get worse or aggravated, the information could be discovered during the discovery process and then thrown out of your case.

The Negotiation Phase

Negotiating a settlement is the main goal of many lawsuits involving injuries. This usually involves an exchange of information 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 assist in deciding the amount of settlements you would like to negotiate and help with negotiations.

One of the biggest challenges in settling an injury claim is that the amount you are owed (including medical bills loss of income, future losses - is an evolving factor. The severity of your injuries could increase over time, 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 dependent on the current condition of your injuries, and provide an accurate prognosis for your future recovery.

In many cases insurance companies attempt to limit their payout for claims by arguing against some elements of your case. This can cause delays in settlement negotiations, but your lawyer has strategies to help you overcome these issues and get the most favorable outcome for your case. Negotiating a settlement can take months or years. Numerous factors influence the length of time that settlement negotiations last, but knowing the length to expect can make the process easier and Injury litigation more efficient for you.

The Trial Phase

Although the majority of injury lawsuit cases are resolved through settlement negotiations, which are not in court, your lawyer may decide to bring your case to trial if an acceptable resolution is not reached. This can be a stressful lengthy, costly and expensive procedure. The jury must also decide if you should be compensated for your injuries, and in the event that they do, how much. Your lawyer must thoroughly research your case to determine the circumstances of your injury, as well as the severity of damages, injuries and the costs.

At this point, your attorney will summon 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 on behalf of a rebuttal and argue that plaintiffs should not be awarded damages. The judge or jury then weighs the arguments and evidence of both parties.

The judge will then go over the legal standards to be met in order 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 a decision then the judge declares a mistrial. If you are not happy with the results of your trial, there may be a right to appeal.