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Injury Litigation

The legal process that allows you to seek compensation for your losses and injuries. Your lawyer will use strong evidence to prove your case. This includes eyewitness testimony, medical documents as well as the statements of the defendant and expert witness opinions.

Your lawyer will then start the lawsuit. After the defendant responds and the case is moved to an investigation stage, also known as discovery.

The Complaint

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

The plaintiff may then file an order with a complaint. The complaint details the damage caused by the defendant's action or his inaction. It typically contains a request for compensation for medical bills and lost income, Injury litigation as well as suffering and other damages resulting from their injuries.

The defendant has 30 days to respond, also referred to as an answer. In this response, the defendant is able to acknowledge or deny the allegations made in the complaint. They can also include a third party defendant or make counterclaims.

During the discovery phase the parties will exchange relevant information regarding their positions and evidence. This usually includes depositions, written questions (called interrogatories), and requests for documents. This usually accounts for the majority of the lawsuit timeline. In this phase, if there are any settlement opportunities, these will be discussed. In the event that there is no settlement, the case will progress to trial. In this time the attorney will present your side to a jury or judge and the defendant will defend themselves.

The Discovery Phase

The discovery phase is a formal procedure that permits your legal team and the party at fault to exchange information and Injury Litigation gather evidence. This can include witness statements, details regarding your medical treatment, and evidence of the losses you have incurred. Your attorney will have access to a variety of tools to help you during discovery, including interrogatories as well as requests for documents. Interrogatories are questions which require a response in writing and requests for documents involve requesting all relevant documents under the control of each party. Requests for admission are written requests to the other party requesting them to accept certain facts. This could save time and cost as the attorneys don't have to prove the facts at trial. Depositions are recorded interviews with witnesses where your attorney is able to ask them questions about the incident under oath, and get their answers recorded, and then transcribed by a court reporter.

Although it may appear to be a long process that is invasive, uncomfortable and tedious, it is a necessary step to gather the evidence needed to win your case. Your attorney will be able to discuss the specifics of the discovery process with you during your no-cost consultation. For example, if you try to hide a preexisting condition that your injury settlement worsened and this information is discovered during the discovery process and dismissed from your case.

The Negotiation Phase

The negotiation of a settlement is the primary goal in most injury attorney cases. The process to achieve this goal usually involves a back-and-forth exchange between your lawyer and the responsible party's 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 determining the amount of settlement that you want to seek and assist with negotiations.

One of the difficulties of the process of settling an injury case is that the amount you are owed including medical expenses loss of income, future losses - is a constantly changing aspect. Your injuries could get worse over time. This could increase future loss or reduce the value of current losses. Your attorney will work to ensure that your damages are in line with the current condition of your injuries and an accurate prognosis for your future recovery.

Insurance companies usually try to limit their payout by arguing about certain aspects of your claim. This can prolong settlement negotiations however, your lawyer can provide strategies to help you navigate these issues and get the best possible outcome for your case. Negotiating a settlement can take months or years. Negotiations can last for several months or even years, depending on many different factors.

The Trial Phase

Most cases of injury lawsuit are resolved outside of court through settlement negotiations. However, if an agreement is not reached, your lawyer may decide to bring the case to trial. This is a costly and time-consuming process that can be stressful. The jury also has to decide whether the defendant should be held accountable for your injuries and how much money you are entitled to. Therefore, it is essential for your lawyer to conduct a thorough investigation of your case prior to the trial to fully comprehend the nature of your injuries and the extent of your injuries, damages and costs.

Your attorney will now call witnesses and experts, and will present physical evidence, like photographs documents, documents, and medical reports. This is the "case-in-chief" phase. The defense attorney will summon witnesses to testify and argue why the plaintiff should not be awarded damages. The jury or judge evaluates the arguments and evidence of both sides.

The judge will then explain the legal requirements which must be followed for the jury to decide in favor of the plaintiff and against the defendant. This is referred to as jury instruction. Each side will then present its closing arguments. If the jury cannot agree on a decision, the judge will declare that the trial an unconstitutional trial. In rare instances an appeal could be available if you are not satisfied with the result of your trial.