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Injury Litigation

Injury litigation is a legal process by which you can recover compensation for your injuries and losses. The lawyer representing you will utilize strong evidence to prove your case. This includes eyewitness testimonies, medical documentation in the form of statements from the defendant, as well as expert witness opinions.

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

The Complaint

Before the lawsuit can be filed, the injured party (plaintiff) must conduct pre-lawsuit discovery. This involves reviewing police accident reports and conducting informal discovery and identifying potentially liable parties and available causes of action that could be argued against them.

Once the plaintiff has done this, they are able to file a summons and complaint. The complaint identifies the party who is being sued and describes the harm caused by the defendant's actions or Injury lack thereof. It usually includes a request for compensation for medical expenses loss of income, suffering and pain, and other damages resulting from their injuries.

The defendant has 30 days to respond, also known as an answer. In this response, the defendant has the option to admit or deny any claims made in the complaint. They may also file an additional counterclaim or include a third-party defendant in the suit.

During the discovery stage during the discovery phase, both parties will share pertinent information about their positions and evidence. This typically involves depositions written questions (called interrogatories) and requests for documents. This usually accounts for the most of the timeline for lawsuits. If settlement opportunities are available that are available, they will be negotiated during this period. If not the case will go to trial. During this period 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 at-fault party to exchange information and gather evidence. This can include witness testimony, details of your medical treatment and proof of losses you have suffered. Your lawyer can also make use of several different tools during discovery to assist your case, including interrogatories, requests for documentation and depositions. Requests for documentation are requests to provide all relevant documentation which is within each party's control. Interrogatories require written responses. Requests for admission are written requests to the other side asking them to admit certain facts. This can cut down on time and money since the attorneys don't have to prove their case during trial. Depositions are live discussions with witnesses, during which your attorney can ask them questions about the incident under oath. Their answers will be recorded and transcribed.

Although discovery can appear to be an lengthy process that is invasive, uncomfortable and tedious but it is an essential step to gather the evidence necessary to win your case. During your consultation for free, your attorney can discuss the specifics of the discovery process. For example, if you attempt to conceal a preexisting health issue that caused your injury to get worse and this information is discovered in the process of discovery and removed from your case.

The Negotiation Phase

The majority of cases involving injuries aim to settle a case through negotiation. This process usually involves a back and to and back-and-forth between your lawyer as well as that of 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 assist in deciding on the number of settlements you wish to negotiate and help in negotiations.

One of the issues with settlement of an injury claim is that the amount of your damages including medical expenses loss of income, future losses - can be a volatile aspect. The severity of your injuries could increase over time, which can increase your losses in the future and decrease the value of your current losses. Your lawyer will ensure that damages are determined based on the severity of your injuries and your prognosis for the future recovery.

Insurance companies usually attempt to limit their payout by challenging certain elements of your claim. This can result in an inability to settle settlement negotiations. However your lawyer will have strategies that will help you overcome these obstacles and achieve the best possible result for your case. In some cases the process of negotiating an agreement can be lengthy, sometimes even for years. Negotiations can take months or even years based on many factors.

The Trial Phase

While the majority of cases involving injuries are resolved through settlement talks outside of the courtroom, your attorney could choose to take your case to trial if a satisfactory resolution is not attainable. This is a costly lengthy, time-consuming and stressful procedure. The jury also has to decide whether the defendant is responsible for your injuries and what amount of compensation you should receive. It is therefore important for your lawyer to thoroughly research your case in this phase to fully comprehend the way you were injured, the extent of your injuries, damages and costs.

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

The judge will explain to jurors the legal standards that must be adhered to in order to decide in the favor of plaintiff or against defendant. This is referred to as jury instruction. Each side then gives its closing arguments. If the jury fails to reach a consensus and the judge declares a mistrial. If you are not happy with the results of your trial, there may be an appeal to be made.