Injury Litigation

The process of suing for injury is a legal process by which you can get compensation for your injuries and losses. Your lawyer for injury will make use of strong evidence to support your case, which includes eyewitness testimony, medical documents in the form of statements from the defendant, as well as expert witness opinions.

Your lawyer will start the lawsuit. After the defendant responds and the case is moved to the discovery phase, which is a process of finding facts.

The Complaint

Before the lawsuit can be filed, the injured person (plaintiff) must conduct pre-lawsuit discovery. This entails reviewing police accident reports, conducting informal discovery, and identifying potential liable parties and possible legal remedies that can be brought against them.

Once the plaintiff has done this, they are able to file a summons and complaint. The complaint is a formal declaration of the party who is being sued. It also describes the harm that was caused by the defendant's conduct or lack thereof. It typically contains a request for compensation for the victim's medical expenses loss of income, suffering and other damages arising from their injury.

The defendant is then given 30 days to file a response called an answer or answer, in which they accept or deny the allegations contained in the complaint. They may also include third party defendants or file counterclaims.

During the discovery stage, both parties will exchange pertinent information about their positions and evidence. This typically involves depositions written questions (called interrogatories) and injured requests for documents. This process usually occupies the majority of the timeline for an action. In this stage, if there are any settlement opportunities the possibility of settlement will be discussed. The case will then go to trial if there is no settlement. During this time your lawyer will present your side of the story to a jury or judge and the defendant will take on their defense.

The Discovery Phase

The discovery phase is a formal process that permits your legal team and the party at fault to exchange information and collect evidence. This can include witness statements, specifics about your medical treatment and proof of the losses that you have suffered. Your attorney can also use various tools in discovery to help your case, including interrogatories, documents requests and depositions. Requests for documents are the requests to provide all relevant documentation that are within each party's control. Interrogatories require written responses. Requests for admissions require the other side to admit certain facts. This could save time and money since attorneys do not need to prove these undisputed facts at trial. Depositions are recorded interviews with witnesses, where the attorney can interview them about the incident under oath. They will have their answers recorded and transcribed by a court reporter.

Although discovery can appear to be a long painful, invasive and uncomfortable process but it's a crucial step to gather the evidence necessary for winning your injury case. Your lawyer will be capable of discussing the details of the discovery process in your free consultation. For instance, if you try to hide a prior condition that has caused your injury to worsen and this information is discovered during the discovery process and dismissed from your case.

The Negotiation Phase

A settlement that is negotiated is the goal of most injuries. This usually involves an exchange of back-and forth between your lawyer and the insurance company of the party 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 in determining the amount of settlement that you want to demand and then help in negotiations.

One of the difficulties of settling an injury claim is that the amount you are owed (including medical bills or lost income as well as future losses - is an evolving aspect. Your injuries may get worse over time. This could lead to a rise in future losses or decrease the value of your current losses. Your attorney will ensure that damages are calculated based on your current injuries as well as the probability of future recovery.

Insurance companies usually attempt to limit the amount they pay by disputing certain elements of your claim. This can lead to a delay in settlement negotiations. However your lawyer can provide strategies to help you overcome these obstacles to get the best possible result for your case. In certain cases negotiations to reach an agreement can take months or even years. Negotiations can last for months or even years depending on many different factors.

The Trial Phase

While the majority of cases involving injuries are resolved by settlement negotiations outside of court, your attorney may decide to take your case to trial if a fair resolution cannot be reached. This can be a stressful lengthy, costly and expensive process. The jury will also have to decide if you are paid for your injuries and if so, how much. Therefore, it is essential for your lawyer to conduct thorough research on your case at this stage to fully comprehend how you were injured, the extent of your injuries, damages and costs.

Your lawyer will now call witnesses and experts and present evidence, such as photos documents, documents, and medical reports. This is the "case-in-chief" phase. The defense attorney will call witnesses to testify on behalf of a defense, and argue that the plaintiff should not receive damages. The judge or jury decides on the evidence and arguments of both sides.

The judge will explain to jurors the legal standards that must be followed in order for them to make a decision in favor of plaintiff or against defendant. This is referred to as jury instruction. Each side then gives its closing arguments. If the jury is unable to agree on a verdict, the judge will declare a mistrial. In rare instances appeals may be available if unhappy with the outcome of your trial.