injury lawyers Litigation

Injury litigation is the legal process that allows you to seek compensation for your losses and injuries. Your injury lawyer will develop solid evidence in your case that includes eyewitness testimony, medical documents in the form of defendant statements, expert witness opinions.

Your lawyer will start the lawsuit. After the defendant has reacted to the lawsuit, the case will move into a stage of fact-finding called discovery.

The Complaint

Before a lawsuit can be filed, the injured party (plaintiff) must conduct pre-lawsuit discovery. This involves looking over the police accident reports, conducting informal discovery and identifying at-fault parties.

The plaintiff may then file a summons with a complaint. The complaint details the damage caused by the defendant or Injury Litigation his inaction. The typical complaint will include a demand for compensation for medical expenses, lost income, pain and suffering, and other damages arising from their injuries.

The defendant has 30 days to respond, which is also referred to as an answer. In this response, the defendant has the option to admit or deny any allegations made in the complaint. They may also include third party defendants or file counterclaims.

During the discovery phase the parties will exchange relevant information regarding their positions and evidence. This usually includes depositions, written questions (called interrogatories), and requests for documents. This process usually occupies most of the time for the lawsuit. In this phase, if there are any settlement opportunities the possibility of settlement will be discussed. Otherwise, the case will progress to trial. During this period your attorney will be able to give your case before a judge or Injury Litigation a jury and the defendant will put on their defense.

The Discovery Phase

Discovery is a formal phase that permits you and your legal team to exchange information with the other party and gather evidence. This may include witness statements, details about your medical treatment as well as proof of the damages you've suffered. Your attorney may also employ several tools during discovery to aid your case, such as interrogatories and requests for documents and depositions. Interrogatories are questions which require a response in writing while requests for documents involve requesting all relevant documentation that is under the control of each party. Requests for admission are written demands to the other party requesting them to admit certain facts. This will save time and money since attorneys do not have to prove the facts during trial. Depositions are recorded interviews with witnesses where your attorney can interview them about the incident under oath, and have their answers recorded and transcribing by a court reporter.

Although discovery can seem like a lengthy unpleasant, time-consuming and uncomfortable process, it is a necessary step to gather the evidence you need to win your injury claim. Your lawyer will be in a position to discuss the details of the discovery process with you during your no-cost consultation. For instance, if you try to hide a prior condition that has aggravated your injury attorney or aggravated, the information could be discovered during the discovery process and dismissed from your case.

The Negotiation Phase

The majority of injury law cases seek to settle through negotiations. The process for achieving this goal is usually a back-and-forth exchange 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 demand for your settlement and assist in negotiations.

The amount of damages, which includes medical bills, lost wages and future losses, is an aspect that is always changing. Your injuries may get worse over time. This could result in a rise in future losses or decrease the value of your current losses. Your attorney will work to ensure that your damages are determined by the current state of your injuries and a complete outlook for future recovery.

Most often insurance companies are trying to limit their payout for claims by arguing against certain aspects of your case. This can delay settlement negotiations however, your lawyer has strategies to help you navigate these difficulties and achieve the most favorable outcome for your case. The process of negotiating an agreement can be a lengthy process that can take months or years. Many factors affect the length of time that settlement negotiations take, but knowing what to expect can make the process less stressful and more efficient for you.

The Trial Phase

The majority of injury lawsuit cases are settled outside of court through settlement negotiations. However, if an agreement is not reached your lawyer might decide to bring the case to trial. This can be a difficult costly and time-consuming procedure. It also requires the jury to decide whether the defendant is accountable for your injuries and what amount of compensation you should be awarded. Your lawyer must thoroughly research your case in order to understand the circumstances of your injuries, the amount of damages, injuries, and costs.

At this point, your attorney will call witnesses and experts to testify. They will also present physical evidence such as documents, photographs and medical reports. This is known as the case-in-chief phase. The defense attorney will then call witnesses to testify and argue why the plaintiff shouldn't be awarded damages. The judge or jury then evaluates the evidence and arguments of both parties.

The judge will explain to the jury the legal standards that must be followed in order for them to decide whether to go in favor of plaintiffs or against defendants. This is referred to as jury instruction. Then, each side presents their closing arguments. If the jury cannot reach an agreement on a verdict, the judge will declare that the trial a mistrial. If you're not satisfied with the result of the trial, there could be an appeal available.