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Injury Litigation

Injuries litigation is the legal process that allows you to collect compensation for your losses and injuries. Your injury attorney will build strong evidence for your case that includes eyewitness testimony, medical records in the form of defendant statements, expert witness opinions.

Your lawyer will then file your lawsuit. If the defendant does not respond, the case enters a fact-finding stage called discovery.

The Complaint

Before a lawsuit is filed, an injured person (plaintiff) must conduct pre-lawsuit discovery. This includes reviewing police accident reports, conducting informal discovery, and identifying potential at-fault parties.

The plaintiff then has the option of filing an order with a complaint. The complaint describes the harm caused by the defendant's or his actions. It usually includes a request for damages for the victim's injuries including medical bills as well as lost wages along with pain and suffering and other damages.

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 file an appeal or add a third party defendant to the suit.

During the discovery stage during the discovery phase, both parties will share relevant information regarding their positions and evidence. This involves depositions (also called interrogatories) and written questions (also called interrogatories) as well as requests for documents. This phase typically accounts for the most of the timeline for lawsuits. If there are settlement options these will occur during this time. Otherwise the case will proceed to trial. In this time your lawyer will present your side before a judge or jury and the defendant will defend themselves.

The Discovery Phase

Discovery is a formal procedure that allows you and your legal team to share information with the other party and gather evidence. This may include witness statements, information regarding your medical treatment, as well as proof of the damages you've incurred. Your attorney may also employ different tools during discovery to assist your case, such as interrogatories, requests for documents and depositions. Requests for documentation are 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 accept certain facts, which can save time and money since lawyers do not have to prove the facts uncontested during trial. Depositions are recorded interviews with witnesses, where the attorney can ask them questions about the incident under oath, and have their answers recorded and transcribed by a court reporter.

While discovery may appear to be an lengthy process that is invasive, uncomfortable and tedious but it's a crucial step to gather the evidence required to win your injury claim. Your lawyer will be capable of discussing the details of the discovery process with you during your no-cost consultation. For instance, if try to hide a preexisting condition that your injury lawyers worsened, this information could be discovered during the discovery process and removed from your case.

The Negotiation Phase

A settlement that is negotiated is the primary goal in most injuries. The process for achieving this goal usually involves a back-and-forth exchange 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 in deciding the amount of settlement you wish to demand and then help in negotiations.

One of the difficulties of settling an injury claim is that the amount of your damages including medical expenses as well as lost income and future losses - is a constantly changing factor. Your injuries can get worse as time passes, which could increase the amount of your future losses and reduce the value of your current losses. Your attorney will ensure that damages are calculated based on your current injuries and your prognosis for the future recovery.

A lot of times insurance companies try to limit their payout for claims by arguing against some aspects of your case. This could lead to delays in settlement negotiations. However your lawyer will have strategies that will assist you in overcoming these obstacles and get the best possible outcome for your case. Negotiating an agreement may take months or years. Many factors affect how long settlement negotiations last, but understanding what to expect will make the process easier and more efficient for you.

The Trial Phase

Most cases involving injuries are resolved outside of court through settlement negotiations. If a resolution is not reached your lawyer could decide to go to trial. This is an expensive, time-consuming and stressful process. The jury will also have to decide if you are compensated for your injuries, and in the event that they do, how much. Your lawyer should investigate your case in order to understand the circumstances of your injuries, the amount of damages, injuries, and costs.

Your attorney will then call witnesses as well as experts and present physical evidence, such as photos documents, medical reports. This is the "case-in-chief" phase. The defense attorney will then summon witnesses to testify in rebuttal and argue why the plaintiff shouldn't be awarded damages. The judge or injury attorney jury will then look at the evidence and arguments offered by both parties.

The judge will then go over 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. Following that, each side will present their closing arguments. If the jury fails to reach a decision then the judge declares a mistrial. In some rare instances appeals might be available if you're not satisfied with the results of your trial.