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The legal procedure that allows you to collect compensation for your losses and injuries. The lawyer representing you will utilize strong evidence to prove your case, including eyewitness testimony from witnesses, medical records in the form of statements from the defendant, as well as expert witness opinions.

Your lawyer will begin the process of filing your lawsuit. After the defendant has replied to the suit, it moves to the phase of fact-finding known as discovery.

The Complaint

Before a lawsuit can be filed, the injured person (plaintiff) must conduct pre-lawsuit discovery. This includes studying the police accident reports, conducting informal discovery and identifying defendants.

The plaintiff is then able to file a summons with a complaint. The complaint details the damage caused by the defendant or his inaction. The typical complaint will include a demand for compensation for the victim's medical bills, lost income, pain and Injury Litigation suffering, and other damages resulting from their injury case.

The defendant then has 30 days to file a response called an answer, in which they admit or deny the allegations contained in the complaint. They can also add a third party defendant or file a counterclaim.

During the discovery phase during the discovery phase, both sides will share pertinent information regarding their respective positions and evidence in the case. This includes depositions (also called interrogatories) as well as written questions (also called interrogatories) and requests for documents. This phase usually takes up most of the time for the lawsuit. If there are settlement opportunities they will be made during this time. If not, the case will progress to trial. During this period your lawyer will present your perspective before a jury or judge and the defendant will put on their defense.

The Discovery Phase

The discovery phase is a formal process that allows your legal team and the party at fault to exchange information and gather evidence. This may include witness statements, specifics about your medical treatment and evidence of the losses you've suffered. Your attorney may also employ several tools during discovery to aid your case, including interrogatories, requests for documents and depositions. Requests for documents are the requests to provide all relevant documentation that is within the respective parties' control. Interrogatories require written responses. Requests for admissions ask the other party to acknowledge certain facts, which can save time and money as the attorneys do not have to prove the facts uncontested in court. Depositions are live conversations with witnesses in which your attorney can inquire about the incident under oath, and get their answers recorded, and Injury Litigation then transcribed by a court reporter.

Although discovery can seem like a lengthy, intrusive and uncomfortable process however, it is an essential step to gather the evidence needed to win your case. Your attorney will be willing to go over the specifics of the discovery process with you during your complimentary consultation. For example, if you attempt to conceal a preexisting health issue that caused your injury lawsuit to get worse it could be discovered during the discovery process and dismissed from your case.

The Negotiation Phase

Reaching a negotiated settlement is the aim of the majority of lawsuits involving injuries. This process usually involves a exchange of back and with your lawyer and 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 assist you in deciding on the number of settlement that you want to negotiate and help with negotiations.

The amount of damage, which includes medical bills, lost wages and future losses, is a factor that is constantly changing. Your injuries may worsen over time, which could increase your future losses, and reduce the amount of your current losses. Your attorney will ensure that damages are calculated based on your current injuries and the likelihood of the future recovery.

A lot of times insurance companies are trying to limit their payout for claims by challenging certain elements of your case. This could result in a delay in settlement negotiations. However your lawyer has strategies to assist you in overcoming these obstacles to get the best possible outcome for your case. Negotiating an agreement may be a lengthy process that can take months or years. Negotiations can last for months or even years depending on many different factors.

The Trial Phase

Most cases involving injuries are settled outside of court through settlement negotiations. However, if the resolution isn't reached your lawyer might decide to proceed to trial. This is an expensive, time-consuming and stressful process. It also requires the jury to decide whether the defendant should be accountable for your injuries and what compensation you should be awarded. It is therefore important for your lawyer to conduct thorough research on your case prior to the trial to fully understand the way you were injured, the extent of your injuries, damages and costs.

Your lawyer will now call witnesses as well as experts and present physical evidence, such as photographs documents, medical reports. This is the "case-in-chief" phase. The defense attorney will then summon witnesses to testify in rebuttal and argue that the plaintiff should not be awarded damages. The judge or jury then decides on the arguments and evidence of both sides.

The judge will then discuss the injury legal requirements that must be met in order for the jury to rule in favor of the plaintiff and against the defendant. This is referred to as jury instruction. Each side will then present its closing arguments. If the jury is unable to reach a decision then the judge declares a mistrial. In some cases an appeal could be available in the event that you are not satisfied with the outcome of your trial.