Injury Litigation

Injury litigation is a legal process by which you can seek compensation for your losses and losses. Your injury case attorney will build strong evidence for your case by utilizing eyewitness testimony, medical documentation as well as statements of the defendant and expert witness opinions.

Your lawyer will then file your lawsuit. After the defendant has reacted to the lawsuit, the case will move into the stage of fact-finding, which is known as discovery.

The Complaint

Before a lawsuit is filed the person who has been injured (plaintiff) must conduct a an investigation prior to filing a lawsuit. This involves reviewing police accident reports as well as conducting informal discovery and identifying parties that could be liable and causes of action that could be argued against them.

The plaintiff then has the option of filing a summons along with a complaint. The complaint details the damage caused by the defendant's or his actions. It typically includes a demand for compensation for the victim's injuries, including medical bills, lost wages, pain and suffering and other damages.

The defendant then has 30 days to file a reply which is referred to as an answer in which they acknowledge or deny the allegations made in the complaint. They can also file an additional counterclaim or add a third-party defendant to the suit.

During the discovery phase in the discovery phase, both sides will exchange pertinent information regarding their respective positions and evidence in the case. This usually involves depositions, written questions (called interrogatories) and Injury Litigation requests for documents. This is typically the majority of the lawsuit timeline. During this phase, if there are any settlement possibilities that are discussed, they will be discussed. Otherwise, the case will progress to trial. In this time your lawyer will present your story to a jury or judge and the defendant will defend themselves.

The Discovery Phase

Discovery is a formal procedure that allows you and your legal team to exchange information with the other party and collect evidence. This can include witness testimony as well as details of the treatment you received from your doctor, and proof of losses you have suffered. Your attorney may use a variety tools to assist you during discovery, including interrogatories and requests for documents. Interrogatories are questions that require a written answer while requests for documents require the submission of all relevant documents that fall under the control of each party. Requests for admission ask the other party to acknowledge certain facts. This can save time and money as the attorneys don't have to prove these uncontested facts at trial. Depositions are live, in-person interviews with witnesses, during which your attorney can ask them questions about the incident under the oath. Their answers will be recorded and transcribed.

Discovery can be an uncomfortable, long and tedious process, but it is essential to collect the evidence needed to win your injury claim. During your free consultation your attorney will be able discuss the specifics of the discovery process. For instance, if you try to hide a prior condition that your injury worsened and this information is discovered during the discovery process and removed from your case.

The Negotiation Phase

Most injury lawyer cases aim to settle through negotiations. This process usually involves an exchange of back-and between your lawyer and that of 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 decide on the number you want to demand your settlement, and then assist in negotiations.

One of the biggest challenges in the process of settling an injury compensation case is that the amount of your damages - including your medical bills as well as lost income and future losses - can be a volatile factor. Your injuries can get worse over time, which may increase your future losses and decrease the value of your current losses. Your lawyer will ensure that damages are determined based on the severity of your injuries and the likelihood of future recovery.

Often insurance companies are trying to limit their payouts for claims by arguing against certain elements of your case. This can lead to delay in settlement negotiations. However your lawyer can provide strategies to assist you in overcoming these obstacles and achieve the best outcome for your case. The process of negotiating an agreement can be a lengthy process that can take months or years. Negotiations can take several months or even years, depending on various factors.

The Trial Phase

While most injury cases are resolved by settlement negotiations outside of court, your attorney may decide to bring your case to trial if a satisfactory resolution is not reached. It is a stressful costly and time-consuming process. The jury must also decide if you are compensated for your injuries, and in the event that they do, how much. Your lawyer should thoroughly investigate your case to determine the circumstances surrounding your injuries, the severity of damages, injuries and the costs.

At this moment, your lawyer will call witnesses and experts to testify and present evidence of physical nature, such as documents, photographs, and medical reports. This is referred to as the case-in­-chief phase. The defense attorney will call witnesses to testify in rebuttal and argue as to why the plaintiff should not be awarded damages. The jury or judge considers the arguments and evidence of both parties.

The judge will explain to the jury the legal standards that must be met in order for them to decide in the favor of plaintiff or against defendant. This is referred to as jury instruction. Each side then gives its closing arguments. If the jury cannot reach an agreement on a decision, the judge will declare the trial an unconstitutional trial. If you're not satisfied with the outcome of your trial, there might be an appeal available.