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Injury Litigation

Injuries litigation is a legal procedure through which you can claim compensation for your injuries and losses. Your lawyer will use strong evidence to support your case, which includes eyewitness testimony, medical records in the form of statements from the defendant, as well as expert witness opinions.

Your lawyer will then begin to file your lawsuit. After the defendant has reacted, the case moves into the stage of fact-finding, which is known as discovery.

The Complaint

Before a lawsuit can be filed, an injured party (plaintiff) must conduct pre-lawsuit discovery. This includes looking over the police accident reports, conducting informal discovery, and identifying potential responsible parties.

Once the plaintiff has done this, they are able to submit a summons and a complaint. The complaint describes the harm caused by the defendant's or his inaction. It typically contains a request to recover damages for the victim's injuries including medical bills and lost wages as well as pain and suffering, among other damages.

The defendant has 30 days to respond, also referred to as an answer. In this response, the defendant has the option to admit or deny any allegations made in the complaint. They can also add an additional defendant from a third party 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 phase typically accounts for the majority of the lawsuit timeline. In this stage, if there are any settlement options they will be discussed. Otherwise, the case will progress to trial. During this time, your attorney will tell your story before a judge or jury and the defendant will defend themselves.

The Discovery Phase

Discovery is a formal stage that allows you and your legal team to exchange information with the other party and gather evidence. This may include witness statements, details about your medical treatment and proof of the expenses you've incurred. Your attorney will have access to a variety of tools to assist you during discovery, such as interrogatories and requests for documents. Interrogatories are questions that require a response written while requests for documents requires the submission of all relevant documents that fall under the control of each party. Requests for admissions require the other party to accept certain facts. This could save time and money since the attorneys do not have to prove these undisputed facts during trial. Depositions are live interviews of witnesses, where the attorney can inquire about the incident under oath. have their answers recorded and translated by a court reporter.

Discovery may appear to be an uncomfortable, lengthy and tedious process, but it is essential to collect the evidence required to win your injury claim. During your consultation for free, your attorney will be able to discuss the specifics of the discovery process. If you attempt to conceal a preexisting injury that worsened due to a preexisting medical condition, this information may be discovered during discovery and your case could be dismissed.

The Negotiation Phase

Most injury cases aim to settle a case through negotiations. The process typically involves a exchange of back and forth between your lawyer and the insurer of the responsible party. 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 demand for your settlement and then 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 your medical bills or lost income as well as future losses - is an evolving aspect. Your injuries could get worse over time. This could result in a rise in future loss or reduce the value of your current losses. Your lawyer will ensure that your damages are dependent on the current condition of your injuries, and provide a complete outlook for future recovery.

Most often, injuries insurance companies are trying to limit the amount they pay for claims by arguing against certain aspects of your case. This could result in delays in settlement negotiations. However your lawyer has strategies to assist you in overcoming these obstacles to get the best outcome for your case. In some instances, the process of negotiating an agreement can be lengthy, sometimes even for years. Negotiations can last for several months or even years, depending on a variety of factors.

The Trial Phase

The majority of injury lawsuits cases are resolved outside of court through settlement negotiations. However, if a resolution is not reached, your lawyer may decide to bring the case to trial. This is a stressful, expensive and time-consuming procedure. The jury will also have to decide if you are compensated for your injuries, and if so, how much. Therefore, it is essential for your lawyer to conduct thorough research on your case at this stage to fully comprehend the nature of your injuries and the severity of your injuries, damages and expenses.

At this point, your attorney will summon witnesses and experts to testify and provide evidence in the form of documents, photographs, and medical reports. This is the "case-in-chief" phase. The defense attorney will summon witnesses to testify and argue that the plaintiff should not be awarded damages. The judge or jury decides on the evidence and arguments of both sides.

The judge will then discuss the legal requirements that must be met for the jury to find for the plaintiff and against the defendant. This is known as jury instruction. Afterwards, each side makes their closing arguments. If the jury is unable to agree on a verdict the judge will declare that the trial is an unconstitutional trial. In rare instances, an appeal may be available if unhappy with the outcome of your trial.