Injury Litigation

Legally, it is a process by which you can claim compensation for your injuries and losses. The lawyer representing you will utilize strong evidence to prove your case, including eyewitness testimony, medical documents defense counsel's statements, defendant's testimony, and expert witness opinions.

Your lawyer will begin the process of filing your lawsuit. After the defendant has responded to the suit, it moves to the phase of fact-finding known as discovery.

The Complaint

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

After the plaintiff has completed this, they are able to submit a summons and a complaint. The complaint details the damage caused by the defendant or his actions. It usually includes a request to recover damages for injuries suffered by the victim, including medical bills, lost wages, pain and suffering and other damages.

The defendant then has 30 days to file a reply called an answer in which they either admit or deny the allegations contained in the complaint. They may also add third party defendants or file a counterclaim.

During the discovery stage in the discovery stage, both parties exchange pertinent information about their positions and evidence. This typically includes depositions, written questions (called interrogatories) and requests for documents. This typically comprises the major portion of the litigation timeline. In this phase, if there are any settlement options they will be discussed. If not, the case will progress to trial. During this period your lawyer will explain your side to a jury or judge and the defendant will defend themselves.

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. It could include witness statements and details about the treatment you received from your doctor, and evidence of losses you've suffered. Your attorney will have access to a variety of tools to aid you in discovery, injured including interrogatories as well as requests for documents. Requests for documents are requests to provide all relevant documentation that are within each party's control. Interrogatories require written responses. Requests for admissions ask the other side to admit certain facts. This could save time and money since the attorneys do not have to prove these uncontested facts at trial. Depositions are live discussions with witnesses. During these interviews, your attorney can ask them questions regarding the incident under the oath. Their answers will be recorded and then transcribed.

While it might appear to be an lengthy, intrusive and uncomfortable process but it is an essential step to gather the evidence necessary for winning your injury lawsuits case. Your lawyer will be able to discuss the specifics of the discovery process with you during your complimentary consultation. If you attempt to conceal an injury that has already been aggravated due to a medical condition that was already present The information could be found out during discovery and your case could be dismissed.

The Negotiation Phase

The majority of injury cases seek to settle through negotiation. The process of reaching this goal usually involves 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 assist in deciding the amount of settlements you wish to request and assist with negotiations.

One of the challenges of the process of settling an injury case is that the amount of your damages (including medical bills loss of income, future losses - is a dynamic aspect. Your injuries can get worse over time. This could lead to a rise in future losses or reduce the value of your current losses. Your lawyer will ensure that your damages are based on the current state of your injuries as well as a full prognosis for future recovery.

A lot of times, insurance companies are trying to limit their payout for claims by arguing against certain aspects of your case. This could delay settlement negotiations however, your lawyer can provide strategies to help you overcome these obstacles and get the most favorable outcome for your case. In certain cases the process of negotiating an agreement can take months or even years. Numerous factors influence the length of time that settlement negotiations be, but knowing what to expect will make the process less stressful and more efficient for you.

The Trial Phase

While the majority of injuries cases are resolved through settlement talks outside of the courtroom, your attorney could decide to take your case to trial if a satisfactory resolution cannot be reached. This is a costly and time-consuming process that can be stressful. The jury must also decide if you are compensated for your injuries and if so, how much. It is therefore crucial for your lawyer to thoroughly investigate your case at this stage to fully comprehend how you were injured and the extent of your injuries, damages and costs.

Your attorney will now summon witnesses as well as experts and present physical evidence, such as photographs, documents, and medical reports. This is known as the case-in chief phase. The defense attorney will call witnesses to testify in rebuttal and argue that the plaintiff shouldn't be awarded damages. The judge or jury will then review the evidence and arguments put forward by both sides.

The judge will then discuss the legal requirements to be met in order for the jury to rule for the plaintiff and against the defendant. This is known as jury instruction. Each side then gives its closing arguments. If the jury is not able to agree on a decision, the judge will declare that the trial is a mistrial. In some cases appeals may be available in the event that you are not satisfied with the results of your trial.