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Injury Litigation

The process of suing for injury is a legal procedure that allows you to get compensation for your injuries and losses. Your injury attorney will build solid evidence in your case by utilizing eyewitness testimony, defendant statements and expert witness opinions.

Your lawyer will then begin to file your lawsuit. Once the defendant has responded then the case goes to a fact-finding stage called discovery.

The Complaint

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

The plaintiff is then able to file an order with a complaint. The complaint details the damage caused by the defendant's or his actions. It typically includes a request for compensation for medical bills as well as lost income, pain and suffering, and other damages resulting from their injury.

The defendant is then given 30 days to file a response, known as an answer in which they either admit or deny the allegations contained in the complaint. They can also add third party defendants or file counterclaims.

During the discovery phase in the discovery stage, both parties exchange pertinent information about their positions and the evidence. This usually involves depositions, written questions (called interrogatories), and requests for documents. This typically comprises the majority of the lawsuit timeline. If there are settlement opportunities that are available, they will be negotiated during this time. Otherwise the case will go to trial. During this period, your attorney will give your perspective before a jury or judge and the defendant will put on their defense.

The Discovery Phase

The discovery phase is a formal procedure that permits your legal team and the at-fault party to exchange information and collect evidence. It could include witness statements, information about your medical treatment and evidence of the losses you've suffered. Your lawyer can also make use of several different tools during discovery to help your case, including interrogatories, documents requests and depositions. Requests for documents are the requests to provide all relevant documentation that is under each party's control. Interrogatories require written responses. Requests for admissions ask the other party to admit certain facts. This could help save time and money because the attorneys do not have to prove these uncontested facts at trial. Depositions are live interviews with witnesses, where your attorney can ask them questions about the incident while under an oath. Their answers will be recorded and transcribing.

Although discovery can seem like a long unpleasant, time-consuming and uncomfortable process, it is a necessary step to gather the evidence necessary to win your injury claim. During your free consultation, your attorney can discuss the specifics of the discovery process. If you try to hide an injury that was already present and aggravated due to a medical condition that was already present This information could be found out during discovery and your case could be dismissed.

The Negotiation Phase

A settlement that is negotiated is the main goal of many injuries. This process usually involves an exchange of information back and to and back-and-forth between your lawyer as well as 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 help you in deciding on the number of settlements you wish to demand and then help with negotiations.

The amount of damage, which includes medical bills, lost wages and future loss, is a factor that changes. Your injuries can get worse over time. This could increase future losses or diminish the value of your current losses. Your attorney will work to ensure that your damages are determined by the current state of your injuries, and provide an accurate prognosis for your future recovery.

Most often insurance companies try to limit the amount they pay for claims by challenging certain elements of your case. This could delay settlement negotiations however, your lawyer has strategies to help you navigate these difficulties and achieve the most favorable outcome for your case. In some instances the process of negotiating an agreement can be lengthy, sometimes even for years. Many factors affect the length of time that settlement negotiations be, but knowing what to expect can make the process less stressful and more effective for you.

The Trial Phase

While most injury cases are resolved through settlement negotiations, which are not in court, your attorney may decide to take your case to trial if a fair resolution is not reached. This is a stressful lengthy, costly and expensive process. The jury will also have to decide if you should be compensated for your injuries and, if so, how much. Your lawyer must thoroughly investigate your case to understand the circumstances of your injuries, the amount of damages, injuries, and the costs.

At this point, your lawyer will summon witnesses and experts to testify, and provide evidence in the form of photographs, documents and medical reports. This is the "case-in-chief" phase. The defense attorney will call witnesses to testify in defense and argue that the plaintiff should not be entitled to damages. The judge or jury weighs the arguments and evidence of both sides.

The judge will then outline the legal requirements to be met in order for the jury to decide in favor of the plaintiff and against the defendant. This is known as jury instruction. Afterwards, each side makes their closing arguments. If the jury cannot reach an agreement on a verdict, the judge will declare that the trial a mistrial. In rare instances appeals may be available if you're not satisfied with the outcome of your trial.