Injury Litigation

Legally, it is a process that allows you to seek compensation for your losses and losses. Your injury attorney will build strong evidence in your case, including eyewitness testimony, medical records as well as statements of the defendant and expert witness opinions.

Your lawyer will start the lawsuit. When the defendant has responded to the lawsuit, the case moves to an inquiry stage known as discovery.

The Complaint

Before a lawsuit is filed, an injured party (plaintiff) must conduct pre-lawsuit discovery. This includes reviewing accident reports as well as conducting informal discovery and identifying potentially liable parties and causes of action that may be asserted against them.

The plaintiff is then able to file a summons with a complaint. The complaint outlines the harm caused by the defendant's actions or his actions. The typical complaint will include a demand for compensation for the victim's medical expenses, lost income, pain and suffering, and other damages that result from their injuries.

The defendant has 30 days to respond, referred to as an answer. In this response, the defendant may acknowledge or deny the allegations made in the complaint. They can also add a third party defendant or file a counterclaim.

During the discovery phase in the discovery phase, both sides will exchange pertinent information regarding their positions and the evidence in the case. This process includes depositions (also called interrogatories) and written questions (also called interrogatories) as well as requests for documents. This phase typically accounts for the majority of the lawsuit timeline. In this phase, if there are any settlement possibilities the possibility of settlement will be discussed. In the event that there is no settlement, the case will progress to trial. In this instance your attorney will be able to provide your argument before a jury or judge and the defendant will take on their defense.

The Discovery Phase

Discovery is a formal process that allows you and your legal team to exchange information with the other party and collect evidence. This can include witness testimony, details of your medical treatment, as well as evidence of losses you've suffered. Your lawyer can also make use of several tools in discovery to help your case, such as interrogatories and requests for documents and depositions. Interrogatories are written questions that require a response written as well as requests for documents involve requesting all relevant documents under the control of the parties. Requests for admission ask the other party to acknowledge certain facts. This can save time and money since attorneys do not need to prove these undisputed facts during trial. Depositions are live interviews of witnesses where your attorney can question them about the incident under oath and get their answers recorded and transcribing by a court reporter.

While it might seem like a long, intrusive and uncomfortable process but it is an essential step to gather the evidence needed to win your case. Your attorney will be willing to go over the specifics of the discovery process with you during your complimentary consultation. If you try to hide a preexisting injury that worsened due to a medical condition that was already present, this information may be discovered during the process of discovery and your case could be dismissed.

The Negotiation Phase

The majority of injury cases seek to reach a settlement through negotiation. This process usually involves a exchange of back and Injury Attorney with your lawyer and that of the responsible party's insurer. 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 determine the best number to request for your settlement and assist in negotiations.

One of the difficulties of the process of settling an injury case is that the amount of your damages - including your medical bills as well as lost income and future losses - is a dynamic factor. Your injuries may get worse over time. This could increase future losses or diminish the value of current losses. Your lawyer will ensure that your damages are determined based upon your current injuries and the likelihood of future recovery.

Insurance companies typically attempt to limit their payout by arguing about certain aspects of your claim. This can result in delay in settlement negotiations. However your lawyer has strategies to help you overcome these obstacles and achieve the best outcome for your case. Negotiating an agreement can sometimes take a long time or even years. Negotiations can take several months or even years, depending on a variety of factors.

The Trial Phase

Most injury law firm cases are settled outside of court through settlement negotiations. If an agreement is not reached your lawyer might decide to bring the case to trial. This is a costly lengthy and time-consuming procedure that can be stressful. The jury will also have to decide if you are compensated for your injuries and should they, if so, in what amount. Your lawyer should investigate your case to discover the circumstances of your injury, as well as the severity of the injuries, damages and costs.

At this stage, your attorney will summon witnesses and experts to testify and present evidence of physical nature, such as documents, photographs, and medical reports. This is the "case-in-chief" phase. The defense attorney will then call witnesses to testify and argue that the plaintiff should not be awarded damages. The judge or jury will then look at the evidence and arguments offered by both parties.

The judge will explain to the jury the legal standards which must be met in order to decide whether to go in favor of the plaintiff or against the defendant. This is referred to as jury instruction. Each side then makes its closing arguments. If the jury is unable to reach a decision then the judge declares a mistrial. If you're not satisfied with the outcome of your trial, there could be an appeal available.