Injury Litigation

Injury litigation is a legal process by which you can claim compensation for your injuries and losses. Your injury attorney will build strong evidence in your case by utilizing eyewitness testimony as well as statements of the defendant and expert witness opinions.

Your lawyer will then file your lawsuit. Once the defendant has responded, the case moves into an investigation of facts, also known as discovery.

The Complaint

Before filing a lawsuit the person who suffered the injury (plaintiff), must conduct an investigation prior to the filing of a lawsuit. This includes reading police accident reports, making informal discovery, and identifying potential responsible parties.

After the plaintiff has completed this, they are able to submit a summons and 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 conduct or inaction. The typical complaint will include a demand for compensation for the victim's medical expenses, lost income, suffering and other damages that result from their injuries.

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

During the discovery phase during the discovery phase, both sides will share pertinent information regarding their positions and the evidence they have in the case. This usually includes depositions, written questions (called interrogatories), and requests for documents. This phase usually takes up the majority of the timeframe for an action. In this phase, if there are settlement opportunities the possibility of settlement will be discussed. The case will then go to trial if there's no settlement. In this time your lawyer will present your side of the tale to a jury or judge and the defendant will defend themselves.

The Discovery Phase

Discovery is a formal procedure that allows you and your legal team to share information with the other party and collect evidence. This could include witness testimony and details about the treatment you received from your doctor, and proof of losses you have suffered. Your attorney can also use several different tools during discovery to aid your case, including interrogatories, requests for documents and depositions. Requests for documents are requests to provide all relevant evidence that is within the respective parties' control. Interrogatories require written responses. Requests for admissions require the other party to accept certain facts. This can help save time and money because the attorneys do not have to prove the facts uncontested at trial. Depositions are live interviews of witnesses where your attorney can question them about the incident under oath, and get their answers recorded and transcribed by a court reporter.

While it might appear to be a long unpleasant, time-consuming and uncomfortable process but it's a crucial step to gather the evidence needed to win your case. Your lawyer will be willing to go over the specifics of the discovery process in your free consultation. For instance, if try to hide a prior condition that your injury worsened or aggravated, Injury Law Firm the information could be discovered during the discovery process and then thrown out of your case.

The Negotiation Phase

Most injury cases aim to reach a settlement through negotiations. The process of achieving this goal typically involves a back-and-forth exchange 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 injury attorney counter-offers. Your lawyer can help you decide on a number to ask for your settlement and can then assist in negotiations.

One of the challenges of settlement of an injury claim is that the amount of your damages which includes medical bills, lost income, and future losses - is a constantly changing aspect. Your injuries can get worse over time, which can increase your future losses, and reduce the value of your current losses. Your lawyer will ensure that damages are determined based upon your current injuries and the likelihood of the future recovery.

Most often insurance companies attempt to limit the amount they pay for claims by arguing against some aspects of your case. This can prolong settlement negotiations however, your lawyer has strategies to help you get through these issues and get the best possible outcome for your case. Negotiating a settlement can be a lengthy process that can take months or years. Negotiations can last for several months or even years, depending on many different factors.

The Trial Phase

Most cases of injury are resolved without court through settlement negotiations. If an agreement is not reached your lawyer could decide to take the case to trial. This can be a difficult long, expensive and costly procedure. The jury will also have to decide if you should be compensated for your injuries, and if so, how much. It is therefore crucial for your lawyer to thoroughly research your case at this stage to fully understand the extent of your injuries and the severity of your injuries, damages and expenses.

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

The judge will explain to the jury the legal requirements that must be met in order for them to decide whether to go in favor of plaintiff or against defendant. This is known as jury instruction. Each side then makes its closing arguments. If the jury cannot reach a decision and the judge decides to declare a mistrial. In some rare instances an appeal could be available if not satisfied with the result of your trial.