Injury Litigation

The process of suing for injury is a legal process by which you can recover compensation for injury attorney your injuries and losses. Your injury attorney will build solid evidence for your case including eyewitness testimony in the form of defendant statements, expert witness opinions.

Your lawyer will then file your lawsuit. After the defendant has replied, the case moves into 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 includes reviewing police accident reports, conducting informal discovery and identifying possible liable parties.

After the plaintiff has completed this, they can make a complaint and summons. The complaint identifies the person who is being sued, and details the harm caused by the defendant's actions or lack thereof. It usually includes a request for damages for the victim's injuries, including medical bills, lost wages, pain and suffering and Injury attorney other damages.

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

During the discovery phase where both sides exchange relevant information about their positions and the evidence they have in the case. This typically involves depositions written questions (called interrogatories) and requests for documents. This phase usually takes up the majority of the timeframe for the lawsuit. If there are settlement opportunities they will be made during this period. The case will proceed to trial if there's no settlement. In this time the attorney will present your side of the tale to a jury or judge and the defendant will defend themselves.

The Discovery Phase

The discovery phase is a formal procedure that allows your legal team and the party at fault to exchange information and gather evidence. This may include witness testimony, details of the treatment you received from your doctor, and proof of losses you have suffered. Your attorney may use a variety tools to help you during discovery, such as interrogatories or requests for documents. Interrogatories are written inquiries that require a written answer and requests for documents requires the submission of all relevant documentation that is under the control of the parties. Requests for admissions ask the other party to admit certain facts. This can help save time and money because lawyers do not have to prove the facts uncontested during trial. Depositions are live conversations with witnesses in which your attorney can inquire about the incident under oath. get their answers recorded, and then transcribed by a court reporter.

Discovery may seem like an uncomfortable, long and intrusive process, but it's necessary to collect the evidence required to win your injury claim. During your consultation for free with your attorney, you will be able to explain the specifics of the discovery process. For instance, if you try to hide a preexisting condition that has caused your injury law firms to worsen or aggravated, the information could be discovered in the process of discovery and dismissed from your case.

The Negotiation Phase

Reaching a negotiated settlement is the main goal of many injuries. This usually involves a back and forth between your lawyer and that of the insurer of the party who is 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 determine the best number to ask for your settlement and assist in negotiations.

One of the biggest challenges in the process of settling a claim for injury is that the amount of your damages (including medical bills loss of income, future losses - is an evolving aspect. Your injuries may worsen over time, which may increase your future losses, and reduce the amount of your current losses. Your attorney will work to ensure that your damages are determined by the current state of your injuries, and provide a complete outlook for future recovery.

Most often insurance companies are trying to limit their payouts for claims by arguing against some aspects of your case. This can delay settlement negotiations however, your lawyer has strategies to help you navigate these difficulties and achieve the best possible outcome for your case. Negotiating a settlement can take months or even years. There are many factors that affect how long settlement negotiations last, but understanding what to expect will make the process less stressful and more efficient for you.

The Trial Phase

Most cases of injury are resolved outside of court through settlement negotiations. However, if a resolution is not reached, your lawyer may decide to proceed to trial. This is a stressful long, expensive and costly process. The jury must also decide if you are paid for your injuries and If so, what amount. Your lawyer must thoroughly research your case in order to understand the circumstances surrounding your injuries, the amount of damages, injuries, and costs.

At this moment, your lawyer will call witnesses and experts to testify. They will also present evidence of physical nature, such as documents, photographs and medical reports. This is known as the case-in-chief phase. The defense attorney will summon witnesses to testify as a counter argument and argue that plaintiffs shouldn't be awarded damages. The jury or judge will then look at the evidence and arguments offered by both parties.

The judge will explain to the jury the legal requirements that must be followed in order to decide in the favor of plaintiffs or against defendants. This is known as jury instruction. After that, both sides present their closing arguments. If the jury is unable to agree on a verdict, the judge will declare that the trial is a mistrial. If you're not satisfied with the result of the trial, there could be an appeal option.