injury lawyers 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. This includes eyewitness testimony from witnesses, medical records, defendant's statements, and expert witness opinions.

Your lawyer will file your lawsuit. After the defendant has responded, the case moves into the phase of fact-finding known as discovery.

The Complaint

Before filing a lawsuit, the injured person (plaintiff), must conduct an investigation prior to the filing of a lawsuit. This involves reviewing police accident reports as well as conducting informal discovery and identifying potential liable parties and available legal remedies that can be filed against them.

The plaintiff then has the option of filing a summons along with a complaint. The complaint identifies the person who is being sued, and details the harm caused by the defendant's conduct or lack thereof. The typical complaint will include a demand for compensation for medical bills and lost income, as well as pain and suffering, and other damages resulting from their injuries.

The defendant then has 30 days to file a response, known as an answer, in which they admit or deny the allegations contained in the complaint. They may also file an appeal or add a third party defendant to the suit.

During the discovery phase in the discovery stage, both parties exchange relevant information regarding their positions and evidence. This includes depositions (also known as interrogatories) and written questions (also known as interrogatories) and requests for documents. This phase typically accounts for the majority of the timeframe for a lawsuit. If settlement opportunities are available that are available, they will be negotiated during this period. The case will go to trial if there is no settlement. During this period your lawyer will explain your side of the story to a jury or judge and the defendant will defend themselves.

The Discovery Phase

The discovery phase is a formal process that allows your legal team and the party at fault to exchange information and collect evidence. This can include witness testimony or details of your medical treatment, as well as proof of losses you have suffered. Your attorney can utilize a variety of 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 letters to the other side asking for their admission to certain facts. This will save time and money as the attorneys don't have to prove the facts during trial. Depositions are live conversations with witnesses, where your injury attorney can ask them questions about the incident while under an oath. Their answers will be recorded and transcribed.

Although it may seem like a long, intrusive and uncomfortable process but it is an essential step to gather the evidence necessary for winning your injury case. During your free consultation, your attorney will be able to discuss the specifics of the discovery process. For example, if you attempt to conceal a preexisting health issue that caused your injury attorneys to get worse it could be discovered in the process of discovery and dismissed from your case.

The Negotiation Phase

Most injury lawsuit cases aim to settle through negotiations. 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 a number to demand your settlement and assist in negotiations.

The amount of damage, which includes medical bills, lost wages and future losses, injury case is an aspect that is always changing. Your injuries may worsen over time, injury case which could increase your future losses and decrease the amount of your current losses. Your attorney will work to ensure that your damages are determined by the current state of your injuries, and provide a complete outlook for future recovery.

Insurance companies usually try to limit their payout by arguing about certain aspects of your claim. This could delay settlement negotiations however, your lawyer has strategies to help you get through these challenges and reach the most favorable outcome for your case. The process of negotiating an agreement can take a long time or even years. Numerous factors influence how long settlement negotiations last, but understanding what to expect will make the process less stressful and more efficient for you.

The Trial Phase

Most cases involving injuries are resolved without court through settlement negotiations. However, if there is no resolution your lawyer might decide to proceed to trial. It is a stressful lengthy, costly and expensive procedure. It also requires the jury to decide if the defendant should be accountable for your injuries, and what amount of compensation you should receive. It is crucial for your lawyer to conduct a thorough investigation of your case prior to the trial to fully comprehend the way you were injured and the severity of your injuries, the damages and expenses.

At this point, your lawyer will summon witnesses and experts to testify. They will also provide evidence in the form of photographs, documents and medical reports. This is known as the case-in chief phase. The defense attorney will call witnesses to testify in defense and argue that plaintiffs should not be awarded damages. The jury or judge will then take into consideration the evidence and arguments put forward by both sides.

The judge will explain to the jury the injury legal standards that must be met in order for them to make a decision in favor of the plaintiff or against the defendant. This is known as jury instruction. Following that, each side will present their closing arguments. If the jury fails to reach a consensus on a verdict and the judge decides to declare a mistrial. If you're not satisfied with the result of your trial, there may be an appeal available.