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Injury Litigation

The legal process that allows you to collect compensation for your losses and injuries. Your injury lawyer will develop solid evidence in your case, including eyewitness testimony, medical documents as well as statements of the defendant and expert witness opinions.

Your lawyer will then file your lawsuit. After the defendant has responded, the case moves into the phase of fact-finding known as discovery.

The Complaint

Before a lawsuit can be filed, an injured person (plaintiff) must conduct pre-lawsuit discovery. This includes reviewing police accident reports, conducting informal discovery, and identifying potentially liable parties and the possible legal remedies that can be filed against them.

Once the plaintiff has done this, they are able to submit a summons and a complaint. The complaint is a formal declaration of the party who is being sued, and exposes the harm caused by the defendant's actions or lack thereof. The typical complaint will include a demand for compensation for the victim's injuries including medical bills, lost wages or income, as well as pain and other damages.

The defendant has 30 days to respond, also referred to as an answer. In this response, the defendant has the option to admit or deny any allegations made in the complaint. They may also include an additional defendant, or make counterclaims.

During the discovery phase in the discovery phase, both sides will exchange pertinent information regarding their positions and Injury Litigation the evidence they have in the case. This usually involves depositions, written questions (called interrogatories), and requests for documents. This usually accounts for the majority of the lawsuit timeline. If there are settlement opportunities these will occur during this period. The case will then proceed to trial if there is no settlement. During this time the attorney will provide your perspective to a judge or jury and the defendant will put on their defense.

The Discovery Phase

Discovery is a formal process that allows you and your legal team to exchange information with the other party and collect evidence. This could include witness testimony or details of your medical treatment, as well as evidence of losses you've suffered. Your attorney can utilize a variety of tools to aid you in discovery, including interrogatories as well as requests for documents. Interrogatories are written queries that require a response written, while request for documents require the submission of all relevant documentation that is under the control of the parties. Requests for admissions require the other party to acknowledge certain facts, which can save time and money since lawyers do not have to prove the facts uncontested during trial. Depositions are live interviews of witnesses, where the attorney can inquire about the incident under oath. They will have their answers recorded and transcribed by a court reporter.

Although discovery can appear to be an lengthy unpleasant, time-consuming and uncomfortable process but it's a crucial step to gather the evidence necessary for winning your injury lawsuit case. Your lawyer will be able to discuss the specifics of the discovery process with you during your complimentary consultation. If you attempt to conceal an injury lawsuit that has already been aggravated due to a medical condition that was already present the information could be found out during discovery and your case could be thrown out.

The Negotiation Phase

The negotiation of a settlement is the primary goal in most injuries. The process of reaching 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 counter-offers. Your lawyer can assist in deciding the amount of settlement that you want to request and assist with negotiations.

One of the difficulties of the process of settling a claim for injury compensation is that the amount of your damages - including your medical bills or lost income as well as future losses - is an evolving factor. Your injuries could get worse over time. This could lead to a rise in future loss or reduce the value of current losses. Your attorney will ensure that your damages are determined based upon your current injuries as well as the probability of the future recovery.

A lot of times insurance companies attempt to limit their payout for claims by arguing against specific aspects of your case. This can prolong settlement negotiations however, your lawyer can provide strategies to help you navigate these difficulties and achieve the best possible outcome for your case. Negotiating an agreement can sometimes take a long time or even years. Numerous factors influence the length of time that settlement negotiations be, but knowing what to expect can make the process easier and more efficient for you.

The Trial Phase

Most cases involving injuries are settled outside of court through settlement negotiations. However, if there is no resolution, your lawyer may decide to bring the case to trial. This can be a stressful long, expensive and costly procedure. The jury also has to decide whether the defendant is held liable for your injuries, and what amount of compensation you will receive. Therefore, it is essential for your lawyer to conduct thorough research on your case at this point to fully understand the way you were injured and the extent of your injuries, damages and costs.

At this point, your attorney will call witnesses as well as experts to testify and present physical evidence such as photographs, documents and medical reports. This is referred to as the case-in­-chief phase. The defense attorney will call witnesses to testify in argument against the plaintiff and argue that the plaintiff should not receive damages. The jury or judge will then consider the evidence and arguments made by both parties.

The judge will then go over the legal requirements that must be met for the jury to rule in favor of the plaintiff and against the defendant. This is called jury instruction. Then, each side presents their closing arguments. If the jury is not able to agree on a decision, the judge will declare that the trial is a mistrial. In some rare cases, an appeal may be available if you are not satisfied with the outcome of your trial.