Injury Litigation

Injury litigation is the legal process that allows you to collect compensation for Injury Litigation your losses and injuries. Your injury lawyer will use strong evidence to support your case. This includes eyewitness testimony, medical records as well as the statements of the defendant and expert witness opinions.

Your lawyer will start the lawsuit. After the defendant has responded to the suit, it moves to a stage of fact-finding called discovery.

The Complaint

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

The plaintiff can then file a summons with a complaint. The complaint details the damages caused by the defendant's or his inaction. It usually includes a request for compensation for the victim's medical bills and lost income, as well as suffering and other damages resulting from their injury settlement.

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

During the discovery phase in the discovery phase, both sides will exchange pertinent information regarding their positions and evidence in the case. This typically includes depositions, written questions (called interrogatories) and requests for documents. This is typically the major portion of the litigation timeline. If there are settlement opportunities they will be made during this time. The case will go to trial if there's no settlement. In this time your lawyer will present your side of the tale to a jury or judge and the defendant will defend themselves.

The Discovery Phase

Discovery is a formal process that permits you and your legal team to exchange information with the other party and gather evidence. This could include witness statements, details regarding your medical treatment, and evidence of the losses you've suffered. Your attorney may also employ several tools during discovery to help your case, including interrogatories and requests for documents and depositions. Requests for documents are essentially requests to provide all relevant documentation that are within each party's control. Interrogatories require written responses. Requests for admission are written letters to the other party requesting them to admit certain facts. This can cut down on time and money since attorneys do not need to prove their claims at trial. Depositions are live discussions with witnesses, where your attorney can ask them questions regarding the incident under oath. Their responses will be recorded and then transcribed.

Discovery may seem like an uncomfortable, lengthy and intrusive process, but it is necessary to gather the evidence you require to win your injury claim. During your free consultation the attorney will be able to discuss the details of the discovery process. For instance, if attempt to conceal a preexisting health issue that caused your injury to get worse or aggravated, the information could be discovered during the discovery process and then thrown out of your case.

The Negotiation Phase

Most injury lawyers cases aim to settle a case through negotiation. This process usually involves an exchange of back-and forth between your lawyer and 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 in deciding on the amount of settlements you wish to demand and then help with negotiations.

One of the difficulties of settling an injury claim is that the amount you are owed - including your medical bills as well as lost income and future losses - is a dynamic aspect. Your injuries may worsen over time, which may increase your future losses, and reduce the value of your current losses. Your attorney will work to ensure that your damages are dependent on the current condition of your injuries and a complete outlook for future recovery.

Often, insurance companies are trying to limit the amount they pay for claims by arguing against specific aspects of your case. This could delay settlement negotiations however, your lawyer has strategies to help you navigate these difficulties and achieve the best possible outcome for your case. In certain cases the process of negotiating an agreement can be lengthy, sometimes even for years. Many factors affect the length of time settlement negotiations last, but understanding what to expect will make the process less stressful and more effective for you.

The Trial Phase

While the majority of injuries cases are resolved by settlement negotiations outside of the courtroom, your attorney could choose to take your case to trial if an acceptable resolution is not attainable. It is a stressful, expensive and time-consuming process. The jury also has to decide whether the defendant should be held liable for your injuries and what compensation you should receive. Your lawyer must thoroughly research your case in order to understand the circumstances surrounding your injuries, the severity of damages, injuries, and costs.

Your attorney will now call witnesses and experts and present evidence, like photographs documents, documents, and medical reports. This is known as the case-in-chief phase. The defense attorney will then call witnesses to testify in rebuttal and argue why the plaintiff shouldn't be awarded damages. The jury or judge will then consider the evidence and arguments put forward by both parties.

The judge will then outline the legal requirements that must be met for the jury to decide in favor of the plaintiff and against the defendant. This is referred to as jury instruction. Each side then makes its closing arguments. If the jury fails to reach a consensus and the judge decides to declare a mistrial. In rare instances, Injury Litigation an appeal may be available if not satisfied with the result of your trial.