Injury Litigation

Injuries litigation is a legal process by which you can claim compensation for your injuries and losses. Your lawyer will use strong evidence to support your case, such as eyewitness testimony, medical records as well as the statements of the defendant and expert witness opinions.

Your lawyer will then file your lawsuit. After the defendant has responded, the case moves into a stage of fact-finding called discovery.

The Complaint

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

After the plaintiff has completed this, they are able to file a summons and complaint. The complaint is a formal declaration of the party who is being sued and describes the harm caused by the defendant's actions or lack thereof. It typically contains a request for compensation for medical bills as well as lost income, pain and suffering, and other damages related to their injuries.

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

During the discovery stage during the discovery phase, both parties will share pertinent information about their positions and the evidence. This process includes depositions (also known as interrogatories) as well as written questions (also called interrogatories) and requests for documents. This process usually occupies most of the time for an action. In this stage, if there are any settlement possibilities they will be discussed. In the event that there is no settlement the case will proceed to trial. During this period your attorney will be able to present your perspective before a judge or a jury and the defendant will put on their defense.

The Discovery Phase

Discovery is a formal procedure that permits you and your legal team to exchange information with the other party and collect evidence. This may include witness testimony, details of the treatment you received from your doctor, and evidence of the losses you've suffered. Your attorney may also employ different tools during discovery to help your case, including interrogatories, documents requests and depositions. Requests for documents are essentially requests to provide all relevant evidence that are within each party's control. Interrogatories require written responses. Requests for admissions require the other party to acknowledge certain facts. This could reduce time and cost since attorneys do not need to prove the facts uncontested at trial. Depositions are live conversations with witnesses where your attorney is able to ask them questions about the incident under oath, and get their answers recorded and translated by a court reporter.

Although it may seem like a long, intrusive and uncomfortable process but it is an essential step to gather the evidence necessary to win your injury lawyers case. Your attorney will be able to discuss the specifics of the discovery process with you during your complimentary consultation. For instance, if try to hide a preexisting condition that has aggravated your injury lawsuit, this information could be discovered during the discovery process and removed from your case.

The Negotiation Phase

Negotiating a settlement is the goal of most injuries. The process of achieving this goal is usually an exchange of information 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 help you choose the appropriate number to ask for your settlement, and then assist in negotiations.

The amount of damages, which includes medical bills, lost wages, and future loss, injuries is a factor that is dynamic. Your injuries can get worse over time, which can increase your future losses and decrease the amount of your current losses. Your lawyer will ensure that damages are determined based upon your current injuries and the likelihood of the future recovery.

Insurance companies frequently try to limit their payout by disputing certain elements of your claim. This could result in delay in settlement negotiations. However, your lawyer has strategies to assist you in overcoming these hurdles and obtain the best possible result for your case. In some instances the process of negotiating an agreement can be a long process that can take months or even years. There are many factors that affect how long settlement negotiations will last, but understanding what to expect can make the process less stressful and more efficient for you.

The Trial Phase

Most injury cases are resolved without court through settlement negotiations. However, if an agreement is not reached your lawyer might decide to go to trial. This can be a costly, time-consuming and stressful process. The jury also has to decide whether the defendant is held accountable for your injuries, and how much money you should receive. Your lawyer should investigate your case to understand the circumstances surrounding your injury, as well as the severity of the injuries, damages and the costs.

At this stage, your attorney will summon witnesses and experts to testify, and provide evidence in the form of documents, photographs and medical reports. This is known as the case-in-chief phase. The defense attorney will call witnesses to testify as a counter argument and argue that the plaintiff should not be entitled to damages. The judge or jury weighs the arguments and evidence of both parties.

The judge will then discuss the legal requirements that must be met in order 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 cannot agree on a verdict, the judge will declare a mistrial. In some rare cases, an appeal may be available if you're not satisfied with the outcome of your trial.