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Injury Litigation

Legally, it is the process that allows you to recover compensation for your injuries and losses. Your injury attorney will build solid evidence in your case that includes eyewitness testimony, medical documentation as well as statements of the defendant and expert witness opinions.

Your lawyer will then begin to file your lawsuit. After the defendant has replied to the lawsuit, the case will move into an investigation of facts, also known as discovery.

The Complaint

Before the lawsuit can be filed, the injured party (plaintiff) must conduct pre-lawsuit discovery. This involves reviewing police accident reports, making informal discovery and identifying potential defendants.

The plaintiff can then file an accusation and summons. The complaint identifies the party who is being sued and details the harm caused by the defendant's actions or lack thereof. It usually includes a request to recover damages to compensate the victim for their injuries, including medical bills, lost wages along with pain and suffering and other damages.

The defendant is then given 30 days to file a response, known as an answer or answer, in which they accept or deny the allegations in the complaint. They may also make counterclaims or add a third-party defendant the suit.

During the discovery phase where both sides exchange relevant information about their positions and the evidence in the case. This usually involves depositions, written questions (called interrogatories), and requests for documents. This usually takes up the majority of the timeframe for a lawsuit. In this phase, if there are settlement opportunities, these will be discussed. The case will then proceed to trial if there is no settlement. In this time your lawyer will present your side 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. It could include witness statements, details regarding your medical treatment, as well as proof of the damages you have incurred. Your attorney may use a variety tools to assist you during discovery, such as interrogatories and requests for documents. Interrogatories are written queries which require a response in writing and requests for documents involve requesting all relevant documentation that is under the control of the parties. Requests for admission are written letters to the other party requesting for them to acknowledge certain facts. This will save time and money as the attorneys don't need to prove their claims during trial. Depositions are live discussions with witnesses, during which your attorney can ask them questions about the incident under oath. Their responses will be recorded and then transcribed.

While discovery may appear to be an lengthy, intrusive and uncomfortable process but it is an essential step to gather the evidence necessary to win your case. During your consultation for free with your attorney, you will be able to explain the specifics of the discovery process. For example, if you try to hide a preexisting condition that has aggravated your injury lawyer it could be discovered during the discovery process and thrown out of your case.

The Negotiation Phase

The majority of cases involving injuries aim to settle the case through negotiation. The process typically involves an exchange of back-and between your lawyer and that of the insurer of the responsible party. 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 determining the amount of settlement you wish to demand and then help with negotiations.

The amount of damages, which includes medical bills, lost wages, and future loss, is a factor that is always changing. Your injuries can get worse over time. This could result in a rise in future losses or decrease the value of current losses. Your lawyer will ensure that your damages are determined by the current state of your injuries and an accurate prediction of your future recovery.

Insurance companies typically attempt to limit their payout by disputing certain elements of your claim. This can prolong settlement negotiations however, Injury Attorney your lawyer can provide strategies to help you navigate these issues and get the most favorable outcome for your case. Negotiating a settlement can take months or years. Numerous factors influence the length of time that settlement negotiations take, but knowing what to expect will make the process easier and more efficient for you.

The Trial Phase

The majority of injury attorney cases are resolved outside of court through settlement negotiations. However, if there is no resolution your lawyer could decide to proceed to trial. This can be a difficult long, expensive and costly process. The jury will also have to decide if you are compensated for your injuries, and if so, how much. It is therefore crucial for your lawyer to thoroughly investigate your case at this stage to fully comprehend how you were injured and the extent of your injuries, the damages and expenses.

At this point, your lawyer will call witnesses and experts to testify, and present physical evidence such as photographs, documents and medical reports. This is the "case-in-chief" phase. The defense attorney will then call witnesses to testify in rebuttal and argue for the reasons why the plaintiff shouldn't be awarded damages. The jury or judge considers the arguments and evidence of both sides.

The judge will explain to the jury the legal requirements that must be met in order for them to decide whether to go in favor of plaintiff or against defendant. This is referred to as jury instruction. Following that, each side will present their closing arguments. If the jury is not able to agree on a verdict, the judge will declare the trial a mistrial. If you're not satisfied with the outcome of the trial, there could be an appeal available.