Injury Litigation

Injuries litigation is the legal process that allows you to seek compensation for your losses and injuries. Your lawyer will use strong evidence to prove your case. This includes eyewitness testimony from witnesses, medical records, defendant's statements, and expert witness opinions.

Your lawyer will start the lawsuit. If the defendant does not respond then the case goes to an inquiry stage known as discovery.

The Complaint

Before filing a lawsuit the person who suffered the Injury Law Firms (plaintiff), must conduct an investigation prior to filing a lawsuit. This includes reviewing accident reports and conducting informal discovery and identifying potentially liable parties and the possible causes of action that may be argued against them.

Once the plaintiff has done this, they are able to start a summons as well as a complaint. The complaint identifies the person who is being sued and describes the harm caused by the defendant's actions or lack thereof. It typically includes a demand to recover damages for the victim's injuries, including medical bills, lost wages as well as pain and suffering, among other damages.

The defendant has 30 days to respond, also known as an answer. In this response, the defendant is able to admit or deny any claims made in the complaint. They can also file counterclaims or include a third-party defendant in the suit.

During the discovery phase where both sides exchange relevant information about their positions and evidence in the case. This typically involves depositions written questions (called interrogatories), and requests for documents. This process usually occupies the majority of the timeframe for a lawsuit. In this stage, if there are settlement opportunities they will be discussed. Otherwise, the case will progress to trial. In this instance your attorney will be able to give your argument to a judge or jury 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 at-fault party to exchange information and gather evidence. This could include witness statements, specifics regarding your medical treatment, and proof of the expenses that you have suffered. Your lawyer can also make use of different tools during discovery to help your case, such as interrogatories, requests for documents and depositions. Interrogatories are written questions which require a response in writing, while request for documents involve requesting all relevant documentation under the control of each party. Requests for admission are written requests to the other side asking them to admit certain facts. This could save time and money since attorneys do not have to prove the facts during trial. Depositions are live interviews of witnesses where your attorney is able to question them about the incident under oath. They will get their answers recorded, Injury Law Firms and then transcribed by a court reporter.

Although discovery can appear to be a long painful, invasive and uncomfortable process however, it is an essential step to gather the evidence you need to win your injury claim. During your consultation for free with your attorney, you can discuss the details of the discovery process. If you attempt to conceal an injury that has already been aggravated due to a medical condition that was already present The information could be discovered during discovery and your case could be dismissed.

The Negotiation Phase

Negotiating a settlement is the goal of most injuries. The process to achieve this goal usually involves 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 assist you decide on the number you want to demand for your settlement and assist in negotiations.

The amount of damages, which includes medical bills, lost wages, and future losses, is a variable that changes. Your injuries can get worse over time. This could cause further losses or diminish the value of current losses. Your attorney will ensure that damages are determined based on the severity of your injuries as well as the probability of future recovery.

Insurance companies typically attempt to limit their payout by arguing about certain aspects of your claim. This could delay settlement negotiations, but your lawyer has strategies to help you overcome these issues and get the most favorable outcome for your case. In certain cases negotiations to reach an agreement can be lengthy, sometimes even for years. Negotiations can last for months or even years depending on various factors.

The Trial Phase

While the majority of cases involving injuries are resolved through settlement talks outside of the courtroom, your attorney could decide to bring your case to trial if a satisfactory solution is not reached. This is a stressful costly and time-consuming procedure. It also requires the jury to decide if the defendant should be accountable for your injuries and what amount of compensation you will receive. Your lawyer must thoroughly research your case to determine the circumstances surrounding your injury, as well as the severity of damages, injuries and the costs.

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

The judge will explain to jurors the legal standards that must be adhered to in order for them to make a decision in favor of plaintiffs or against defendants. This is known as jury instruction. Each side will then present its closing arguments. If the jury is unable to agree on a decision, the judge will declare that the trial is an unconstitutional trial. In some rare instances, an appeal may be available if not satisfied with the results of your trial.