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Injury Litigation

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

Your lawyer will file your lawsuit. After the defendant responds to the lawsuit, the case moves to the discovery phase, which is a process of finding facts.

The Complaint

Before a lawsuit is filed, an injured party (plaintiff) must conduct pre-lawsuit discovery. This includes looking over police accident reports, conducting informal discovery and identifying possible defendants.

After the plaintiff has completed this, they are able to file a summons and complaint. The complaint details the damages caused by the defendant's actions or his inaction. The typical complaint will include a demand for compensation for medical bills, lost income, Injury litigation suffering and pain, as well as other damages arising from their injury claim.

The defendant has 30 days to respond, also known as an answer. In this response, the defendant is able to admit or deny any allegations made in the complaint. They can also add an additional defendant, or file an appeal.

During the discovery phase, both parties will exchange relevant information regarding their positions and evidence. This phase includes depositions (also known as interrogatories) as well as written questions (also called interrogatories) and requests for documents. This is usually the majority of the timeline for the lawsuit. In this stage, if there are any settlement options that are discussed, they will be discussed. Otherwise the case will go to trial. In this time the attorney will present your side of the story to a jury or judge and the defendant will defend themselves.

The Discovery Phase

Discovery is a formal stage that allows you and your legal team to share information with the other party and collect evidence. This could include witness statements, specifics regarding your medical treatment, and proof of the losses you have incurred. Your lawyer may also employ various tools during discovery to help your case, including interrogatories, requests for documents and depositions. Interrogatories are questions that require a response written while requests for documents involves requesting all relevant documentation under the control of each party. Requests for admission require the other party to admit certain facts. This can help save time and money because the attorneys do not have to prove these uncontested facts during trial. Depositions are recorded interviews with witnesses where your attorney can interview them about the incident under oath and have their answers recorded and transcribing by a court reporter.

Although it may seem like a lengthy painful, invasive and uncomfortable process however, it is an essential step to gather the evidence needed to win your case. During your free consultation with your attorney, you will be able to discuss the details of the discovery process. For instance, if you try to hide a prior health issue that caused your injury case to get worse, this information could be discovered in the process of discovery and then thrown out of your case.

The Negotiation Phase

The negotiation of a settlement is the primary goal in most injuries. The process typically involves an exchange of back-and between 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 decide on a number to demand your settlement and then assist in negotiations.

One of the issues with the process of settling a claim for injury is that the amount of your damages - including your medical bills, lost income, and future losses - can be a volatile aspect. The severity of your injuries could increase as time passes, which could increase the amount of your future losses and reduce the amount of your current losses. Your lawyer will ensure that damages are determined based upon your current injuries and the prognosis of future recovery.

Often, insurance companies are trying to limit the amount they pay for claims by arguing against certain aspects of your case. This can result in delay in settlement negotiations. However your lawyer has strategies to assist you in overcoming these obstacles to get the best possible result for your case. In certain cases the process of negotiating an agreement can take months or even years. Negotiations can last for several months or even years, depending on a variety of factors.

The Trial Phase

The majority of injury lawsuit cases are resolved without court through settlement negotiations. However, if there is no resolution your lawyer could decide to proceed to trial. This can be a costly lengthy, time-consuming and stressful procedure. The jury will also have to decide if you are compensated for your injuries, and if so, how much. It is crucial for Injury litigation your lawyer to thoroughly investigate your case prior to the trial to fully comprehend the nature of your injuries and the severity of your injuries, the damages and costs.

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

The judge will explain to the jury the legal standards that must be adhered to in order to decide in favor of plaintiffs or against defendants. This is referred to as jury instruction. Then, each side presents their closing arguments. If the jury is not able to agree on a verdict the judge will declare that the trial is a mistrial. If you are not happy with the outcome of your trial, there may be an appeal to be made.