Injury Litigation

Injuries litigation is a legal procedure that allows you to seek compensation for your losses and losses. Your injury lawyer will develop strong evidence for your case, including eyewitness testimony, medical documents, defendant statements and expert witness opinions.

Your lawyer will then start the lawsuit. After the defendant has responded to your lawsuit, the case goes into a stage of fact-finding called discovery.

The Complaint

Before the lawsuit can be filed, an injured party (plaintiff) must conduct pre-lawsuit discovery. This involves reviewing police accident reports and conducting informal discovery and identifying any potentially liable parties and causes of action that can be filed against them.

The plaintiff may then file an order with a complaint. The complaint identifies who is 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 injuries including medical bills and lost wages along with pain and suffering and other damages.

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

During the discovery stage, both parties will exchange relevant information regarding their positions and the evidence. This typically involves depositions written questions (called interrogatories), and requests for documents. This phase typically accounts for the major portion of the litigation timeline. During this phase, if there are any settlement possibilities the possibility of settlement will be discussed. The case will then go to trial if there is no settlement. During this period the attorney will present your side of the story to a jury or judge and the defendant will defend themselves.

The Discovery Phase

The discovery phase is a formal process that allows your legal team and the at-fault party to exchange information and collect evidence. This could include witness testimony as well as details of your medical treatment and evidence of losses you've suffered. Your attorney can utilize a variety of tools to aid you in discovery, such as interrogatories or requests for documents. Requests for documentation are requests to supply all relevant documentation which is within each party's control. Interrogatories require written responses. Requests for admission are written letters to the other party requesting for them to acknowledge certain facts. This can save time and cost as the attorneys do not have to prove the facts in court. Depositions are live interviews with witnesses, during which your attorney can ask them questions regarding the incident under an oath. Their answers will be recorded and transcribing.

Discovery can be an uncomfortable, lengthy and intrusive process, but it is necessary to gather the evidence you need to be successful in your claim for compensation. During your free consultation your attorney can discuss the specifics of the discovery process. For example, if you try to hide a prior condition that has caused your injury to worsen it could be discovered during the discovery process and then thrown out of your case.

The Negotiation Phase

Negotiating a settlement is the main goal of many injuries. This usually involves a back and between your lawyer and that of 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 demand your settlement, and 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 could get worse as time passes, which could increase your losses in the future and decrease the value of your current losses. Your lawyer will ensure that your damages are in line with the current condition of your injuries, and provide a complete outlook for future recovery.

A lot of times insurance companies are trying to limit their payouts for claims by arguing against some aspects of your case. This could result in a delay in settlement negotiations. However your lawyer will have strategies that will help you overcome these obstacles and achieve the best outcome for your case. In some instances negotiations to reach an agreement could take months or even years. Many factors affect how long settlement negotiations last, but understanding what to expect will make the process easier and more efficient for you.

The Trial Phase

While the majority of cases involving injuries are resolved through settlement talks outside of the courtroom, your attorney might decide to take your case to trial if an acceptable resolution is not reached. It is a costly lengthy, time-consuming and stressful procedure. The jury also has to decide whether the defendant is responsible for your injuries and what amount of compensation you are entitled to. It is therefore crucial for your lawyer to thoroughly investigate your case in this phase to fully comprehend the nature of your injuries and the severity of your injuries, damages and expenses.

At this moment, your lawyer will call witnesses and experts to testify, and provide evidence in the form of documents, photographs and medical reports. This is the "case-in-chief" phase. The defense attorney will summon witnesses to testify on behalf of a rebuttal, and argue that plaintiffs should not be awarded damages. The jury or judge will then take into consideration the evidence and arguments offered by both parties.

The judge will explain to the jury the legal requirements which must be met in order for them to make a decision in favor of plaintiffs or against defendants. This is known as jury instruction. Then, each side presents their closing arguments. If the jury is unable reach a consensus then the judge declares a mistrial. If you are not happy with the results of the trial, there could be a right to appeal.