Injury Litigation

Injury litigation is the legal process that allows you to seek compensation for your injuries and losses. Your injury lawyer will develop solid evidence for your case including eyewitness testimony, medical documents testimony of the defendant, expert witness opinions.

Your lawyer will begin the process of filing your lawsuit. Once the defendant has responded to the lawsuit, the case moves to the discovery phase, which is a process of finding facts.

The Complaint

Before the lawsuit can be filed, an injured party (plaintiff) must conduct pre-lawsuit discovery. This includes reviewing accident reports as well as conducting informal discovery and identifying potential liable parties and causes of action that can be asserted against them.

The plaintiff is then able to file an order with a complaint. The complaint identifies the person that is being sued and describes the harm caused by the defendant's conduct or lack thereof. It usually includes a request for compensation for medical expenses as well as lost income, suffering and pain, as well as other damages related to their injuries.

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

During the discovery stage, both parties will exchange relevant information regarding their positions and the evidence. This phase includes depositions (also called interrogatories), written questions (also called interrogatories), as well as requests for documents. This is usually the majority of the timeframe for the lawsuit. If there are any settlement options the possibility of settlement will be discussed. In the event that there is no settlement the case will proceed to trial. During this period your lawyer will present your perspective to a jury or judge and the defendant will take on their defense.

The Discovery Phase

The discovery phase is a formal process that permits your legal team and the party at fault to exchange information and gather evidence. This may include witness testimony and details about your medical treatment and proof of losses you have suffered. Your attorney may also employ several tools during discovery to aid your case, such as interrogatories, requests for documents and depositions. Requests for documents are the requests to provide all relevant evidence that are within each party's control. Interrogatories require written responses. Requests for admission are written requests to the other side asking them to accept certain facts. This could save time and money since attorneys do not need to prove their claims at trial. Depositions are live conversations with witnesses. During these interviews, your attorney can ask them questions regarding the incident while under an oath. Their responses will be recorded and transcribed.

Discovery may seem like an uncomfortable, lengthy and tedious process, but it is essential to collect the evidence you require to win your injury claim. Your lawyer will be able to discuss the specifics of the discovery process with you during your no-cost consultation. For instance, if you attempt to conceal a preexisting condition that has caused your injury to worsen and this information is 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 negotiations. The process for achieving this goal is usually 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 help determine the best number to demand for your settlement and then assist in negotiations.

One of the challenges of settling an injury lawyer claim is that the amount of your damages including medical expenses as well as lost income and future losses - is an evolving aspect. Your injuries may worsen over time, which could increase the amount of your future losses and reduce the amount of your current losses. Your lawyer will ensure that your damages are determined based upon your current injuries and your prognosis for future recovery.

A lot of times insurance companies attempt to limit the amount they pay for claims by arguing against some elements of your case. This could result in an inability to settle settlement negotiations. However, your lawyer has strategies to help you overcome these obstacles and achieve the best outcome for injury lawyer your case. In certain cases the process of negotiating an agreement could take months or even years. Many factors affect the length of time that settlement negotiations take, but knowing what to expect will make the process less stressful and more effective for you.

The Trial Phase

Most injury attorney cases are resolved outside of court through settlement negotiations. However, if the resolution isn't reached, your lawyer may decide to proceed to trial. This can be a costly lengthy and time-consuming procedure that can be stressful. The jury must also decide if you should be paid for your injuries and in the event that they do, how much. It is therefore important for your lawyer to conduct a thorough investigation of your case in this phase to fully comprehend the way you were injured and the severity of your injuries, Injury Lawyer damages and expenses.

Your attorney will now call witnesses and experts and present physical evidence, like photographs documents, medical reports. This is the "case-in-chief" phase. The defense attorney will summon witnesses to testify in rebuttal and argue why the plaintiff shouldn't be awarded damages. The jury or judge will then review the evidence and arguments presented by both parties.

The judge will explain to the jury the legal requirements that must be followed in order for them to decide in favor of the plaintiff or against the defendant. This is referred to as jury instruction. Then, each side presents their closing arguments. If the jury is not able to agree on a verdict, the judge will declare that the trial is a mistrial. In some cases appeals may be available if not satisfied with the outcome of your trial.