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Injury Litigation

The legal procedure which allows you to claim compensation for your losses and injuries. Your injury settlement attorney will build strong evidence in your case, including eyewitness testimony, medical documentation testimony of the defendant, expert witness opinions.

Your lawyer will then file your lawsuit. After the defendant has replied to the suit, it moves to the phase of fact-finding known as discovery.

The Complaint

Before a lawsuit is filed, the injured person (plaintiff), must conduct pre-lawsuit investigation. This involves reading police accident reports, making informal discovery and identifying responsible parties.

The plaintiff is then able to file a summons with a complaint. The complaint identifies the person who is being sued. It also details the harm caused by the defendant's actions or inaction. It typically includes a demand to seek damages for the victim's injuries including medical bills, lost wages along with pain and suffering and other damages.

The defendant has 30 days to respond, referred to as an answer. In this response, the defendant has the option to admit or deny any allegations made in the complaint. They may also add an additional defendant from a third party or make a counterclaim.

During the discovery phase, both sides will exchange relevant information about their positions and the evidence they have in the case. This involves depositions (also known as interrogatories), written questions (also known as interrogatories), as well as requests for documents. This usually takes up most of the time for the lawsuit. If there are settlement opportunities that are available, they will be negotiated during this period. In the event that there is no settlement the case will proceed to trial. During this period your lawyer will provide your perspective to a jury or judge and the defendant will take on their defense.

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 can include witness statements, details regarding your medical treatment, and proof of the losses you've incurred. Your attorney can use several tools to help you during discovery, including interrogatories and requests for documents. Requests for documents are the requests to provide all relevant documents that is under each party's control. Interrogatories require written responses. Requests for admission ask the other party to acknowledge certain facts. This can reduce time and cost since attorneys do not need to prove the facts uncontested at trial. Depositions are live interviews with witnesses. During these interviews, your attorney can ask them questions about the incident under oath. Their answers will be recorded and then transcribed.

While it might seem like a lengthy unpleasant, time-consuming and uncomfortable process but it's a crucial step to gather the evidence you need to win your injury claim. During your free consultation, your attorney will be able discuss the details of the discovery process. For instance, if you attempt to conceal a preexisting health issue that caused your injury compensation to get worse, Injury Litigation this information could be discovered in the process of discovery and removed from your case.

The Negotiation Phase

Most injury lawyers cases aim to settle the case through negotiation. The process typically involves a back and with your lawyer and the insurer of the party who is responsible. 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 choose the appropriate number to request for your settlement and can then assist in negotiations.

The amount of damages, including medical bills, lost wages and future losses, is a factor that changes. Your injuries can get worse over time. This could lead to a rise in future losses or reduce the value of current losses. Your lawyer will ensure that damages are determined based upon your current injuries and the prognosis of the future recovery.

Often, insurance companies are trying to limit the amount they pay for claims by challenging certain elements of your case. This can result in a delay in settlement negotiations. However your lawyer will have strategies to help you overcome these hurdles and obtain the best possible outcome for your case. Negotiating an agreement may take months or years. Negotiations can last for months or even a whole year based on various factors.

The Trial Phase

Most cases involving injuries are resolved without court through settlement negotiations. However, if the resolution isn't reached, your lawyer may decide to bring the case to trial. It is a stressful lengthy, costly and expensive process. The jury also has to decide if the defendant should be held liable for your injuries, and the amount you should receive. It is crucial for your lawyer to conduct a thorough investigation of your case prior to the trial to fully understand the nature of your injuries and the extent of your injuries, the damages and costs.

At this point, your attorney will summon witnesses and experts to testify and provide evidence physical such as documents, photographs and Injury litigation medical reports. This is the "case-in-chief" phase. The defense attorney will call witnesses to testify for rebuttal and argue that the plaintiff should not receive damages. The jury or judge considers the evidence and arguments of both parties.

The judge will then explain the legal standards to be met in order for the jury to come up with a verdict in favor of the plaintiff and against the defendant. This is referred to as jury instruction. Each side then makes its closing arguments. If the jury cannot agree on a final verdict, the judge will declare that the trial an unconstitutional trial. In some rare cases an appeal could be available in the event that you are not satisfied with the result of your trial.