Injury Litigation

Injuries litigation is the legal process which allows you to claim compensation for your losses and injuries. Your injury lawyers lawyer will develop solid evidence for your case by utilizing eyewitness testimony, medical documentation testimony of the defendant, expert witness opinions.

Your lawyer will begin the process of filing your lawsuit. If the defendant does not respond then the case goes to a fact-finding stage called discovery.

The Complaint

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

After the plaintiff has completed this, they can make a complaint and summons. The complaint describes the harm caused by the defendant or his actions. It typically contains a request for compensation for the victim's medical bills, lost income, suffering and other damages that result from their injury.

The defendant will then have 30 days to file a response or answer in which they acknowledge or deny the allegations in the complaint. They may also include an additional defendant from a third party or make a counterclaim.

During the discovery stage the parties will exchange relevant information regarding their positions and evidence. This typically includes depositions, written questions (called interrogatories), and requests for documents. This typically comprises the most of the timeline for lawsuits. In this phase, if there are any settlement opportunities they will be discussed. The case will go to trial if there is no settlement. During this time your lawyer will present your side before a judge or jury and the defendant will defend themselves.

The Discovery Phase

Discovery is a formal stage that permits you and your legal team to share information with the other party and gather evidence. It could include witness statements as well as details of the treatment you received from your doctor, and evidence of losses you've suffered. Your attorney may also employ several different tools in discovery to help your case, such as interrogatories, Injury litigation requests for documentation and depositions. Requests for documents are essentially requests to supply all relevant documentation which is within each party's control. Interrogatories require written responses. Requests for admission are written demands to the other side asking for them to acknowledge certain facts. This can save time and money since attorneys do not need to prove their claims at trial. Depositions are live discussions with witnesses, during which your attorney can ask them questions regarding the incident while under an oath. Their answers will be recorded and transcribing.

Discovery can be an uncomfortable, lengthy and invasive process, but it is essential to collect the evidence needed to prove your injury litigation claim. Your lawyer will be in a position to discuss the details of the discovery process in your free consultation. If you attempt to conceal a preexisting injury lawyers that worsened due to a preexisting medical condition This information could be found out during discovery and your case could be dismissed.

The Negotiation Phase

The majority of cases involving injuries aim to settle through negotiations. The process typically involves a exchange of back and between your lawyer and that of the insurer of the responsible party. This may include informal conversations/correspondence (by phone, in meetings, by email) where the parties trade offers and counter-offers. Your lawyer can help choose the appropriate number to ask for your settlement and can then assist in negotiations.

One of the difficulties of settling an injury claim is that the amount of your damages which includes medical bills or lost income as well as future losses - is a dynamic factor. Your injuries could get worse over time, which may increase the amount of your future losses and reduce the value of your current losses. Your attorney will ensure that damages are determined based on your current injuries as well as the probability of the future recovery.

Insurance companies often attempt to limit the amount they pay by challenging certain elements of your claim. This can result in an inability to settle settlement negotiations. However your lawyer will have strategies to help you overcome these hurdles and obtain the best possible result for your case. Negotiating an agreement may take months or even years. Numerous factors influence the length of time that settlement negotiations last, but knowing the length to expect can make the process easier and more efficient for you.

The Trial Phase

Most injury lawyer cases are resolved outside of court through settlement negotiations. If an agreement is not reached, your lawyer may decide to take the case to trial. It is a stressful, expensive and time-consuming procedure. It also requires the jury to decide whether the defendant should be responsible for your injuries, and what amount of compensation you should be awarded. It is therefore important for your lawyer to thoroughly investigate your case in this phase to fully understand how you were injured and the severity of your injuries, damages and costs.

Your attorney will now summon witnesses and experts and present physical evidence, such as photos or documents as well as medical reports. This is referred to 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 parties.

The judge will explain to the jury the legal requirements that must be followed in order for them to decide in favor of plaintiffs or against defendants. This is known as jury instruction. Afterwards, each side makes their closing arguments. If the jury cannot agree on a verdict and the judge declares a mistrial. In rare instances, an appeal may be available in the event that you are not satisfied with the result of your trial.