Injury Litigation

injury attorney litigation is a legal procedure that allows you to claim compensation for your injuries and losses. Your lawyer for Injury Lawsuit will construct strong evidence for your case by utilizing eyewitness testimony, medical records testimony of the defendant, expert witness opinions.

Your lawyer will then begin to file your lawsuit. Once the defendant has responded to the lawsuit, the case moves to a fact-finding stage called discovery.

The Complaint

Before a lawsuit is filed, the injured person (plaintiff), must conduct pre-lawsuit investigations. This involves looking over the police accident reports, conducting informal discovery, and identifying potential responsible parties.

Once the plaintiff has done this, they can start a summons as well as a complaint. The complaint identifies who is the party who is being sued and exposes the harm caused by the defendant's conduct or inaction. It typically contains a request for compensation for the victim's medical bills as well as lost income, suffering and pain, as well as other damages arising from their injuries.

The defendant is then given 30 days to file a reply or answer in which they either admit or deny the allegations contained in the complaint. They can also include an additional defendant, or file counterclaims.

During the discovery phase the parties will exchange relevant information regarding their positions and evidence. This phase includes depositions (also called interrogatories) and injury lawsuit written questions (also known as interrogatories), as well as requests for documents. This phase usually takes up the majority of the timeframe for the lawsuit. In this stage, if there are settlement opportunities, these will be discussed. Otherwise the case will go to trial. During this period, your attorney will present your argument before a jury or judge and the defendant will put on their defense.

The Discovery Phase

The discovery phase is a formal procedure that allows your legal team and the party at fault to exchange information and collect evidence. This may include witness testimony, injury lawsuit details of the treatment you received from your doctor, and evidence of losses you've suffered. Your attorney will have access to a variety of tools to aid you in discovery, such as interrogatories and requests for documents. Requests for documents are essentially requests to provide all relevant documentation which is within each party's control. Interrogatories require written responses. Requests for admission ask the other party to admit certain facts, which can save time and money as the attorneys do not have to prove these undisputed facts in court. Depositions are live conversations with witnesses where your attorney is able to question them about the incident under oath. They will have their answers recorded and transcribed by a court reporter.

While it might seem like a long unpleasant, time-consuming and uncomfortable process however, it is an essential step to gather the evidence needed to win your injury lawsuits case. Your attorney will be able to discuss the specifics of the discovery process with you during your no-cost consultation. For example, if you attempt to conceal a preexisting condition that your injury worsened and this information is discovered during the discovery process and thrown out of your case.

The Negotiation Phase

The majority of injury cases seek to settle the case through negotiations. The process of reaching this goal is usually an exchange of information between your lawyer and the responsible party's 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 determine the best number to ask for your settlement and assist in negotiations.

The amount of damages, including medical bills, lost wages, and future losses, is an aspect that is always changing. Your injuries may worsen as time passes, which could increase the amount of your future losses and reduce the value of your current losses. Your attorney will ensure that your damages are determined based on the severity of your injuries as well as the probability of future recovery.

Insurance companies frequently attempt to limit their payout by challenging certain elements of your claim. This can lead to a delay in settlement negotiations. However your lawyer will have strategies to assist you in overcoming these obstacles and achieve the best possible result for your case. In some instances, the process of negotiating an agreement could be lengthy, sometimes even for years. Negotiations can last for months or even years depending on various factors.

The Trial Phase

Most cases involving injuries are resolved outside of court through settlement negotiations. However, if the resolution isn't reached, your lawyer may decide to bring the case to trial. This can be a difficult costly and time-consuming procedure. The jury must also decide if you should be compensated for your injuries, and should they, if so, in what amount. It is crucial for your lawyer to conduct thorough research on your case at this stage to fully comprehend the nature of your injuries, the extent of your injuries, the damages and costs.

At this moment, your lawyer will call witnesses and experts to testify and present physical evidence such as documents, photographs, and medical reports. This is the "case-in-chief" phase. The defense attorney will call witnesses to testify in rebuttal and argue that the plaintiff should not be entitled to damages. The judge or jury then decides on the arguments and evidence of both sides.

The judge will then outline the legal standards that must be met for the jury to rule in favor of the plaintiff and against the defendant. This is called jury instruction. Each side then gives its closing arguments. If the jury cannot reach an agreement on a verdict the judge will declare the trial a mistrial. If you're not satisfied with the results of your trial, there could be a right to appeal.