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Injury Litigation

Injury litigation is a legal process that allows you to claim compensation for your injuries and losses. Your injury lawyer will use strong evidence to prove your case. This includes eyewitness testimony, medical records in the form of statements from the defendant, as well as expert witness opinions.

Your lawyer will then submit your lawsuit. When the defendant has responded, the case enters the discovery phase, which is a process of finding facts.

The Complaint

Before a lawsuit is filed the person who was injured (plaintiff), must conduct pre-lawsuit investigation. This involves reviewing police accident reports, conducting informal discovery, and identifying potentially liable parties and possible causes of action that may be argued against them.

Once the plaintiff has done this, they can start a summons as well as a complaint. The complaint identifies the party who is being sued, and details the harm caused by the defendant's actions or inaction. It typically contains a request to seek damages for injuries suffered by the victim, including medical bills as well as lost wages or income, as well as pain and other damages.

The defendant then has 30 days to file a reply or answer, in which they admit or deny the allegations in the complaint. They may also add a third party defendant or file an appeal.

During the discovery phase, both parties will exchange pertinent information about their positions and the 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 that are discussed, they will be discussed. In the event that there is no settlement, the case will progress to trial. In this time your lawyer will present your side of the story before a judge or jury and the defendant will defend themselves.

The Discovery Phase

Discovery is a formal phase that permits you and your legal team to share information with the other party and gather evidence. This may include witness statements, specifics regarding your medical treatment, and proof of the losses that you have suffered. Your attorney can utilize a variety of tools to aid you in discovery, such as interrogatories and requests for documents. Interrogatories are questions that require a response written and requests for documents require the submission of all relevant documentation under the control of each party. Requests for admission ask the other side to admit certain facts. This can reduce time and cost since the attorneys do not have to prove these undisputed facts at trial. Depositions are live interviews of witnesses where your attorney is able to ask them questions about the incident under oath. have their answers recorded and transcribing by a court reporter.

Although it may appear to be a long unpleasant, time-consuming and uncomfortable process but it is an essential step to gather the evidence needed for winning your injury case. Your attorney will be willing to go over the specifics of the discovery process with you during your no-cost consultation. For example, if you try to hide a prior health issue that caused your injury to get worse, this information could be discovered in the process of discovery and dismissed from your case.

The Negotiation Phase

Negotiating a settlement is the main goal of many injury cases. This usually involves a exchange of back and with your lawyer and the insurance company of the party responsible. 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 decide on a number to ask for your settlement and can then assist in negotiations.

One of the challenges of settling an injury claim is that the amount you are owed which includes medical bills as well as lost income and future losses - is a dynamic factor. Your injuries can get worse as time passes, which could increase your future losses and decrease the value of your current losses. Your attorney will work to ensure that your damages are determined by the current state of your injuries, and provide an accurate prognosis for your future recovery.

In many cases, insurance companies are trying to limit their payout for claims by arguing against some elements of your case. This can prolong settlement negotiations however, your lawyer has strategies to help you navigate these challenges and reach the best possible outcome for your case. In certain cases, the process of negotiating an agreement could take months or even years. There are many factors that affect how long settlement negotiations last, but knowing the length to expect will make the process less stressful and more efficient for you.

The Trial Phase

Most injury cases are settled outside of court through settlement negotiations. However, if there is no resolution your lawyer could decide to go to trial. It is a stressful lengthy, costly and expensive process. The jury will also have to decide if you are paid for your injuries and if so, how much. It is crucial for your lawyer to conduct thorough research on your case in this phase to fully comprehend the nature of your injuries, the extent of your injuries, the damages and costs.

At this point, your attorney will summon witnesses and experts to testify and provide evidence physical such as documents, photos, and medical reports. This is the "case-in-chief" phase. The defense attorney will summon witnesses to testify and argue for the reasons why the plaintiff shouldn't be awarded damages. The judge or jury considers the arguments and evidence of both parties.

The judge will then discuss the legal standards which must be followed for the jury to decide in favor of the plaintiff and against the defendant. This is referred to as jury instruction. Following that, each side will present their closing arguments. If the jury is unable agree on a verdict and the judge declares a mistrial. In some cases an appeal could be available if not satisfied with the results of your trial.