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Injury Litigation

The legal procedure that allows you to recover compensation for your injuries and losses. Your injury attorney will build strong evidence in your case including eyewitness testimony, medical documentation, Injury Attorney defendant statements and expert witness opinions.

Your lawyer will bring your lawsuit. Once the defendant has responded to the lawsuit, the case will move into an investigation of facts, 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 as well as conducting informal discovery and identifying any potentially liable parties and available legal remedies that can be brought against them.

The plaintiff is then able to file a summons with a complaint. The complaint identifies the party who is being sued. It also describes the harm that was caused by the defendant's actions or inaction. It typically contains a request for compensation for the victim's medical expenses loss of income, suffering and other damages arising from their injury.

The defendant is then given 30 days to file a response or answer in which they either admit or deny the allegations made in the complaint. They can also include an additional defendant, or make an appeal.

During the discovery phase where both sides exchange relevant information about their positions and the evidence they have in the case. This phase includes depositions (also called interrogatories) and written questions (also called interrogatories) as well as requests for documents. This is typically the major portion of the litigation timeline. In this stage, if there are any settlement options that are discussed, they will be discussed. The case will then go to trial if there is no settlement. During this time your lawyer will explain your perspective to a judge or jury and the defendant will put on their defense.

The Discovery Phase

Discovery is a formal procedure that allows you and your legal team to share information with the other party and collect evidence. This could include witness statements, specifics regarding your medical treatment, and evidence of the losses you've suffered. Your attorney may also employ several tools during discovery to assist your case, including interrogatories and requests for documents and depositions. Interrogatories are written queries which require a response in writing while requests for documents involves requesting all relevant documentation that is under the control of the parties. Requests for admission are written requests to the other party asking them to admit certain facts. This can save time and money since the attorneys do not need to prove the facts in court. Depositions are live discussions with witnesses, during which your attorney can ask them questions about the incident under an oath. Their answers will be recorded and transcribed.

While it might appear to be a long painful, invasive and uncomfortable process but it is an essential step to gather the evidence needed for injury Attorney winning your injury case. Your lawyer will be capable of discussing the details of the discovery process in your free consultation. For instance, if you try to hide a preexisting condition that your injury worsened, this information could be discovered in the process of discovery and removed from your case.

The Negotiation Phase

Most cases of injury aim to reach a settlement through negotiation. The process typically involves an exchange of back-and to and back-and-forth between your lawyer as well as 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 help you determine the best number to request for your settlement and then assist in negotiations.

One of the difficulties of settlement of an injury lawyers claim is that the amount you are owed (including medical bills as well as lost income and future losses - is an evolving factor. The severity of your injuries could increase over time, which can increase your future losses, and reduce the value of your current losses. Your attorney will work to ensure that your damages are dependent on the current condition of your injuries as well as an accurate prediction of your future recovery.

Insurance companies typically attempt to limit their payout by disputing certain elements of your claim. This could delay settlement negotiations however, your lawyer can provide strategies to help you overcome these challenges and reach the best possible outcome for your case. The process of negotiating an agreement can take months or even years. Negotiations can last for months or even years depending on many factors.

The Trial Phase

While the majority of cases involving injuries are resolved through settlement negotiations outside of the courtroom, your attorney might decide to take your case to trial if a fair resolution is not attainable. This is a costly lengthy and time-consuming procedure that can be stressful. The jury must also decide if you are compensated for your injuries and, if so, how much. It is therefore crucial for your lawyer to conduct a thorough investigation of your case at this stage to fully understand the nature of your injuries and the severity of your injuries, the damages and expenses.

Your attorney will now call witnesses and experts and present evidence, including photographs, documents, and medical reports. This is known as the case-in chief phase. The defense attorney will summon witnesses to testify and argue for the reasons why the plaintiff shouldn't be awarded damages. The jury or judge will then take into consideration the evidence and arguments put forward by both sides.

The judge will then go over the legal standards that must be met in order for the jury to find for the plaintiff and against the defendant. This is referred to as jury instruction. Each side then gives its closing arguments. If the jury is unable to agree on a decision, the judge will declare that the trial is a mistrial. In some rare instances appeals may be available if you are not satisfied with the outcome of your trial.