injury law firms Litigation

Injury litigation is a legal procedure that allows you to get compensation for your injuries and losses. Your injury attorney will build solid evidence for your case that includes eyewitness testimony, medical documentation, defendant statements and expert witness opinions.

Your lawyer will then start the lawsuit. Once the defendant has responded to your lawsuit, the case goes into the phase of fact-finding known as discovery.

The Complaint

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

The plaintiff can then file a summons along with a complaint. The complaint is a formal declaration of the party who is being sued. It also details the harm caused by the defendant's actions or lack thereof. The typical complaint will include a demand to recover damages for the victim's injuries including medical bills, lost wages or income, as well as pain and other damages.

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 claims made in the complaint. They can also include third party defendants or file an appeal.

During the discovery phase in the discovery stage, both parties exchange relevant information regarding their positions and the evidence. This process includes depositions (also called interrogatories) and written questions (also called interrogatories) and requests for documents. This usually accounts for the major portion of the litigation timeline. If there are any settlement options they will be discussed. In the event that there is no settlement the case will go to trial. During this period, your attorney will present your perspective before a judge or a jury and the defendant will take 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 collect evidence. This could include witness statements, information about your medical treatment and proof of the expenses that you have suffered. Your attorney may also employ different tools during discovery to aid your case, such as interrogatories and requests for documents and depositions. Requests for documents are the requests to supply all relevant documentation that is within the respective parties' control. Interrogatories require written responses. Requests for admission ask the other party to admit certain facts, which can save time and money since lawyers do not have to prove these facts at trial. Depositions are live discussions with witnesses, during which your attorney can ask them questions regarding the incident while under oath. Their responses will be recorded and transcribing.

Although discovery can seem like a long painful, invasive and uncomfortable process but it is an essential step to gather the evidence you need to win your injury claim. Your lawyer will be willing to go over the specifics of the discovery process with you during your free consultation. If you attempt to conceal an injury that is preexisting and has gotten worse due to a preexisting medical condition The information could be discovered during discovery and your case could be dismissed.

The Negotiation Phase

Negotiating a settlement is the main goal of many injury cases. The process typically involves a back and to and back-and-forth between your lawyer as well as 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 in deciding on the amount of settlements you would like to demand and then help in negotiations.

One of the issues with settlement of an injury claim is that the amount of your damages - including your medical bills loss of income, injury attorney future losses - is a dynamic aspect. Your injuries could get worse over time, which may increase your future losses, and reduce the value of your current losses. Your attorney will work to ensure that your damages are in line with the current condition of your injuries and an accurate prediction of your future recovery.

Often insurance companies are trying to limit the amount they pay for claims by arguing against specific elements of your case. This can cause delays in settlement negotiations however, your lawyer has strategies to help you overcome these difficulties and achieve the best possible outcome for your case. In some instances the process of negotiating an agreement could take months or even years. Many factors affect how long settlement negotiations last, but knowing the length to expect can make the process less stressful and more effective for you.

The Trial Phase

While the majority of cases involving injuries are resolved through settlement negotiations outside of the courtroom, your attorney might choose to take your case to trial if a satisfactory resolution cannot be reached. This can be a stressful lengthy, costly and expensive process. The jury also has to decide if the defendant should be held accountable for your injuries, and what amount of compensation you should be awarded. Your lawyer should investigate your case to discover the circumstances of your injuries, the amount of injuries, damages, and costs.

At this point, your attorney will call witnesses as well as experts to testify and present physical evidence such as documents, photos, and medical reports. This is the "case-in-chief" phase. The defense attorney will summon witnesses to testify on behalf of a rebuttal, and argue that plaintiffs shouldn't be awarded damages. The jury or judge considers the arguments and evidence of both parties.

The judge will explain to the jury the legal requirements which must be met in order to decide whether to go in favor of plaintiffs or against defendants. This is referred to as jury instruction. Afterwards, each side makes their closing arguments. If the jury cannot reach an agreement on a verdict, the judge will declare that the trial an unconstitutional trial. If you're not satisfied with the outcome of your trial, there may be an appeal to be made.