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Injury Litigation

Injuries litigation is the legal process that allows you to collect compensation for your injuries and losses. Your injury attorney will build strong evidence for your case by utilizing eyewitness testimony as well as statements of the defendant and expert witness opinions.

Your lawyer will then submit your lawsuit. Once the defendant has responded, the case moves into an investigation of facts, also known as discovery.

The Complaint

Before the lawsuit is filed, an injured person (plaintiff) must conduct pre-lawsuit discovery. This includes studying police accident reports, conducting informal discovery and identifying potential responsible parties.

The plaintiff can then file an accusation and summons. The complaint outlines the harm caused by the defendant's actions or his actions. It typically includes a demand injury attorney for damages for the victim's injuries, including medical bills and lost wages as well as pain and suffering, among other damages.

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

During the discovery phase during the discovery phase, both parties will share pertinent information about their positions and the evidence. This involves depositions (also known as interrogatories) and written questions (also called interrogatories), as well as requests for documents. This usually accounts for the major portion of the litigation timeline. If there are settlement options, they will take place during this period. The case will proceed to trial if there is no settlement. During 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 phase that permits you and your legal team to exchange information with the other party and gather evidence. This may include witness statements, details regarding your medical treatment, and proof of the expenses you've incurred. Your lawyer may also employ several tools during discovery to help your case, including interrogatories and requests for documents and depositions. Requests for documents are essentially requests to provide all relevant documents which is within each party's control. Interrogatories require written responses. Requests for admission require the other party to accept certain facts, which can reduce time and cost since attorneys do not need to prove these undisputed facts during trial. Depositions are live conversations with witnesses. Your attorney can ask them questions regarding the incident under the oath. Their responses will be recorded and then transcribed.

Although it may seem like a lengthy process that is invasive, uncomfortable and tedious, it is a necessary step to gather the evidence necessary to win your injury claim. During your free consultation your attorney will be able to discuss the specifics of the discovery process. For example, if you attempt to conceal a preexisting condition that has aggravated your injury or aggravated, the information could be discovered in the process of discovery and then thrown out of your case.

The Negotiation Phase

Negotiating a settlement is the aim of the majority of lawsuits involving injuries. The process for achieving this goal typically involves an exchange of information 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 you determine the best number to request for your settlement and can then assist in negotiations.

The amount of damages, which includes medical bills, lost wages, and future losses, is a variable that is always changing. Your injuries can get worse over time, which may increase your future losses and decrease the value of your current losses. Your lawyer will ensure that your damages are determined based on your current injuries and the prognosis of the future recovery.

Most often insurance companies try to limit their payout for claims by arguing against specific elements of your case. This can delay settlement negotiations but your lawyer will have strategies to help you navigate these challenges and reach the best possible outcome for your case. In some instances the process of negotiating an agreement can be lengthy, sometimes even for years. Negotiations can last for months or even years based on many factors.

The Trial Phase

Most injury cases are resolved outside of court through settlement negotiations. However, if the resolution isn't reached, your lawyer may decide to go to trial. This is an expensive lengthy and time-consuming procedure that can be stressful. The jury must also decide if you should be compensated for your injuries and in the event that they do, how much. It is therefore important for your lawyer to conduct thorough research on your case at this stage to fully comprehend the nature of your injuries and the extent of your injuries, damages and expenses.

Your attorney will now call witnesses and experts and present physical evidence, such as photographs documents, documents, and medical reports. This is known as the case-in-chief phase. The defense attorney will call witnesses to testify in rebuttal and argue that the plaintiff should not receive damages. The judge or jury considers the arguments and evidence of both sides.

The judge will explain to jurors the legal standards that must be met in order for them to decide in the favor of plaintiff or against defendant. This is known as jury instruction. Each side then makes its closing arguments. If the jury is unable to agree on a verdict, the judge will declare that the trial is an unconstitutional trial. If you're not satisfied with the outcome of your trial, there might be an appeal to be made.