injury law firm Litigation

Injuries litigation is a legal procedure through which you can recover compensation for your injuries and losses. Your injury attorney will build solid evidence in your case that includes eyewitness testimony, medical documentation, defendant statements and expert witness opinions.

Your lawyer will then start the lawsuit. After the defendant has responded, the case moves into the stage of fact-finding, which is known as discovery.

The Complaint

Before the lawsuit is filed, an injured person (plaintiff) must conduct pre-lawsuit discovery. This involves studying police accident reports, conducting informal discovery, and identifying potential liable parties.

Once the plaintiff has done this, they are able to file a summons and complaint. The complaint details the damages caused by the defendant or his actions. It usually includes a request for compensation for medical expenses as well as lost income, suffering and pain, and other damages that result from their injury.

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

During the discovery phase, both sides will exchange pertinent information regarding their positions and the evidence in the case. This typically includes depositions, written questions (called interrogatories) and requests for documents. This phase typically accounts for the majority of the timeframe for a lawsuit. During this phase, if there are any settlement opportunities that are discussed, they will be discussed. If not the case will proceed to trial. During this period your attorney will be able to present your case to a jury or judge and the defendant will put on their defense.

The Discovery Phase

The discovery phase is a formal process that allows your legal team and the at-fault party to exchange information and gather evidence. This may include witness testimony or details of the treatment you received from your doctor, and evidence of losses you've suffered. Your attorney can use several tools to help you during discovery, including interrogatories and requests for documents. Interrogatories are questions that require a written answer as well as requests for documents requires the submission of all relevant documentation that is under the control of each party. Requests for admission are letters to the other side asking for their admission to certain facts. This will save time and money since attorneys do not have to prove their case in court. Depositions are live interviews with witnesses, where your attorney can ask them questions about the incident under an oath. Their responses will be recorded and transcribing.

Although discovery can seem like a lengthy painful, invasive and uncomfortable process but it is an essential step to gather the evidence necessary for winning your injury case. Your attorney will be capable of discussing the details of the discovery process in your free consultation. If you attempt to conceal a preexisting injury that worsened due to a preexisting medical condition The information could be discovered during the process of discovery and your case could be thrown out.

The Negotiation Phase

The negotiation of a settlement is the goal of most injury cases. This process usually involves a back and between your lawyer and that of the insurer of the party who is 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 deciding on the amount of settlements you wish to request and assist with negotiations.

One of the issues with the process of settling a claim for injury is that the amount of your damages (including medical bills, lost income, and future losses - can be a volatile factor. Your injuries could worsen over time. This could result in a rise in future losses or reduce the value of your current losses. Your attorney will work to ensure that your damages are based on the current state of your injuries and injury attorney an accurate prognosis for your future recovery.

In many cases, insurance companies are trying to limit their payout for claims by arguing against specific aspects of your case. This can delay settlement negotiations, but your lawyer has strategies to help you overcome these challenges and reach the best possible outcome for your case. The process of negotiating an agreement can be a lengthy process that can take months or years. Negotiations can last for months or even years depending on a variety of factors.

The Trial Phase

Most injury cases are settled outside of court through settlement negotiations. However, if there is no resolution your lawyer might decide to bring the case to trial. This is a stressful costly and time-consuming procedure. The jury must also decide if you should be compensated for your injuries and If so, what amount. Your lawyer must thoroughly research your case to discover the circumstances surrounding your injury, as well as the severity of damages, injuries and the costs.

Your attorney will then call witnesses as well as experts and present physical evidence, like photographs or documents as well as medical reports. This is referred to as the case-in­-chief phase. The defense attorney will then call witnesses to testify and argue why the plaintiff should not be awarded damages. The judge or jury then evaluates the arguments and evidence of both sides.

The judge will then discuss the legal requirements that must be met in order for the jury to find for the plaintiff and against the defendant. This is known as jury instruction. Then, each side presents their closing arguments. If the jury is unable reach a decision and the judge declares a mistrial. If you are not happy with the outcome of the trial, there could be an appeal option.