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Injury Litigation

The legal procedure that allows you to seek compensation for your injuries and losses. Your lawyer will create strong evidence in your case that includes eyewitness testimony, medical documents, defendant statements and expert witness opinions.

Your lawyer will then file your lawsuit. When the defendant has responded to the lawsuit, the case moves to an investigation stage, also known as discovery.

The Complaint

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

The plaintiff can then file an accusation and summons. The complaint identifies who is the party who is being sued. It also describes the harm that was caused by the defendant's conduct or lack thereof. It usually includes a request to seek damages for injuries suffered by the victim, including medical bills as well as lost wages, pain and suffering and other damages.

The defendant then has 30 days to file a response called an answer in which they acknowledge or deny the allegations in the complaint. They may also file an additional counterclaim or add a third party defendant to the suit.

During the discovery phase, both sides will exchange pertinent information regarding their positions and evidence in the case. This usually involves depositions, written questions (called interrogatories), and requests for documents. This phase typically accounts for the major portion of the litigation timeline. If there are any settlement options, these will be discussed. Otherwise the case will go to trial. In this instance the attorney will give your case before a jury or law judge and the defendant will take on their defense.

The Discovery Phase

Discovery is a formal process that allows you and your legal team to share information with the other party and collect evidence. This can include witness testimony and details about the treatment you received from your doctor, and evidence of losses you've suffered. Your attorney may use a variety tools to assist you during discovery, such as interrogatories and requests for documents. Requests for documents are the requests to provide all relevant evidence that is within the respective parties' control. Interrogatories require written responses. Requests for admissions require the other party to admit certain facts, which can save time and money as the attorneys don't have to prove these undisputed facts during trial. Depositions are live discussions with witnesses. During these interviews, your attorney can ask them questions about the incident under oath. Their responses will be recorded and transcribed.

Discovery may seem like an uncomfortable, long and time-consuming process, however it's necessary to collect the evidence you require to be successful in your claim for compensation. Your attorney will be able to discuss the specifics of the discovery process with you during your no-cost consultation. If you attempt to conceal an injury attorneys that has already been aggravated due to a preexisting medical condition the information could be discovered during discovery and your case could be dismissed.

The Negotiation Phase

A settlement that is negotiated is the goal of most injuries. The process of achieving this goal is usually an exchange of information between your lawyer and the 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 demand for your settlement and can then assist in negotiations.

One of the difficulties of the process of settling a claim for injury is that the amount of your damages - including your medical bills loss of income, future losses - is an evolving factor. Your injuries could get worse over time, which could increase your losses in the future and decrease the value of your current losses. Your lawyer will ensure that your damages are dependent on the current condition of your injuries and a complete outlook for future recovery.

In many cases insurance companies are trying to limit their payout for claims by arguing against certain elements of your case. This can lead to an inability to settle settlement negotiations. However, your lawyer will have strategies that will assist you in overcoming these obstacles to get the best possible outcome for your case. In certain cases, the process of negotiating an agreement could be lengthy, sometimes even for years. Negotiations can take months or even years based on many factors.

The Trial Phase

Most injury lawyer cases are settled outside of court through settlement negotiations. If there is no resolution your lawyer could decide to go to trial. This is an expensive, time-consuming and stressful process. It also requires the jury to decide whether the defendant is held liable for your injuries and what compensation you should be awarded. Your lawyer should thoroughly investigate your case in order to understand the circumstances surrounding your injuries, the severity of damages, injuries injuries, and the costs.

Your attorney will then call witnesses as well as experts and present physical evidence, like photographs documents, documents, and medical reports. This is known as the case-in-chief phase. The defense attorney will summon witnesses to testify on behalf of a rebuttal and argue that the plaintiff should not receive damages. The jury or judge will then consider the evidence and arguments put forward by both parties.

The judge will explain to jurors the legal standards which must be met in order for them to make a decision in favor of plaintiffs or against defendants. This is referred to as jury instruction. Each side then gives its closing arguments. If the jury is unable reach a consensus on a verdict and the judge declares a mistrial. In some cases appeals might be available if unhappy with the outcome of your trial.