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Injury Litigation

The process of suing for injury is a legal process by which you can get compensation for your injuries and losses. Your injury lawyer will develop strong evidence for your case that includes eyewitness testimony as well as statements of the defendant and expert witness opinions.

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

The Complaint

Before filing a lawsuit the person who has been injured (plaintiff), must conduct an investigation prior to filing a lawsuit. This includes reviewing accident reports as well as conducting informal discovery and identifying potentially liable parties and possible causes of action that can be brought against them.

The plaintiff then has the option of filing a summons along with a complaint. The complaint details the damage caused by the defendant or his inaction. It usually includes a request for compensation to compensate the victim for their injuries, including medical bills loss of wages as well as pain and suffering, among other damages.

The defendant has 30 days to respond, which is also referred to as an answer. In this response, the defendant can accept or deny the allegations made in the complaint. They may also include an additional defendant from a third party or make a counterclaim.

During the discovery phase during the discovery phase, both sides will share relevant information about their positions and evidence in the case. This typically includes depositions, written questions (called interrogatories) and requests for documents. This phase usually takes up most of the time for an action. In this phase, if there are any settlement opportunities that are discussed, they will be discussed. In the event that there is no settlement the case will proceed to trial. During this time your lawyer will explain your side to a jury or judge and the defendant will defend themselves.

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. It could include witness statements or details of your medical treatment and proof of losses you have suffered. Your attorney can also use several different tools in discovery to help your case, including interrogatories, requests for documentation and depositions. Requests for documents are essentially requests to provide all relevant documentation that is under each party's control. Interrogatories require written responses. Requests for admission are written demands to the other party requesting for them to acknowledge certain facts. This can cut down on time and money as the attorneys do not have to prove their case at trial. Depositions are live, in-person interviews with witnesses, where your attorney can ask them questions regarding the incident while under an oath. Their answers will be recorded and then transcribed.

While it might appear to be an lengthy process that is invasive, uncomfortable and tedious however, it is an essential step to gather the evidence required for winning your injury lawyers case. Your lawyer will be willing to go over the specifics of the discovery process with you during your no-cost consultation. If you try to hide a preexisting injury that worsened due to a medical condition that was already present the information could be discovered during the process of discovery and your case could be thrown out.

The Negotiation Phase

Most injury lawyers cases aim to settle a case through negotiations. This usually involves an exchange of back-and to and back-and-forth between your lawyer as well as that of the insurance company of the party responsible. 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 decide on the number you want to ask for your settlement, and then assist in negotiations.

One of the difficulties of settlement of an injury claim is that the amount you are owed which includes medical bills or lost income as well as future losses - is a dynamic aspect. Your injuries could get worse over time. This could increase future loss or reduce the value of current losses. Your lawyer will ensure that your damages are determined based on your current injuries as well as the probability of the future recovery.

Insurance companies typically attempt to limit the amount they pay by arguing against certain aspects of your claim. This can prolong settlement negotiations, but your lawyer has strategies to help you overcome these obstacles and get the most favorable outcome for your case. In some cases the process of negotiating an agreement can take months or even years. Many factors affect the length of time that settlement negotiations last, but knowing the length to expect can make the process easier and more efficient for injury lawyer you.

The Trial Phase

The majority of injury cases are resolved without court through settlement negotiations. If a resolution is not reached, your lawyer may decide to take the case to trial. This can be a difficult costly and time-consuming procedure. The jury must also decide if you are 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 at this stage to fully comprehend the way you were injured, the extent of your injuries, the damages and expenses.

At this point, your lawyer will summon witnesses and experts to testify and present physical evidence such as documents, photographs and medical reports. This is the "case-in-chief" phase. The defense attorney will summon witnesses to testify on behalf of a counter argument, and argue that the plaintiff should not be entitled to damages. The jury or judge will then take into consideration the evidence and arguments put forward by both parties.

The judge will explain to jurors the legal standards that must be adhered to in order to decide in favor of the plaintiff or against the defendant. This is called jury instruction. Afterwards, each side makes their closing arguments. If the jury cannot reach an agreement on a verdict the judge will declare the trial an unconstitutional trial. In some rare cases, an appeal may be available if you're unhappy with the outcome of your trial.