Injury Litigation

Legally, it is a procedure through which you can recover compensation for your injuries and injured losses. Your injury law firm lawyer will use strong evidence to support your case, such as eyewitness testimony, medical records, defendant's statements, and expert witness opinions.

Your lawyer will file your lawsuit. Once the defendant has responded, the case moves into the phase of fact-finding known as discovery.

The Complaint

Before the lawsuit is filed, an injured party (plaintiff) must conduct pre-lawsuit discovery. This involves looking over the police accident reports, conducting informal discovery and identifying defendants.

The plaintiff then has the option of filing an accusation and summons. The complaint details the damage caused by the defendant's or his inaction. It typically contains a request for compensation for the victim's injuries including medical bills and lost wages or income, as well as pain and other damages.

The defendant will then have 30 days to file a response, known as an answer or answer, in which they accept or deny the allegations made in the complaint. They may also include an additional defendant, or make an appeal.

During the discovery phase in the discovery phase, both sides will exchange relevant information about their respective positions and evidence in the case. This process includes depositions (also known as interrogatories) as well as written questions (also called interrogatories) and requests for documents. This usually accounts for the majority of the lawsuit timeline. If there are settlement possibilities that are available, they will be negotiated during this time. Otherwise, the case will progress to trial. During this time your lawyer will give your side of the story before a judge or a jury and the defendant will take on their defense.

The Discovery Phase

The discovery phase is a formal procedure that permits your legal team and the party at fault to exchange information and collect evidence. This can include witness statements, specifics about your medical treatment and proof of the expenses you have incurred. Your attorney may also employ several tools during discovery to aid your case, such as interrogatories, requests for documents and depositions. Requests for documents are requests to supply all relevant documentation that is under each party's control. Interrogatories require written responses. Requests for admission require the other party to acknowledge certain facts. This could save time and money since attorneys do not need to prove these undisputed facts in court. Depositions are live interviews of witnesses where your attorney is able to interview them about the incident under oath. They will get their answers recorded and transcribed by a court reporter.

Discovery may seem like an uncomfortable, long and time-consuming process, however it's necessary to collect the evidence required to be successful in your claim for compensation. Your lawyer will be willing to go over the specifics of the discovery process with you during your no-cost consultation. If you try to hide an injury that was already present and aggravated due to a preexisting medical condition the information could be found out during discovery and your case could be thrown out.

The Negotiation Phase

The negotiation of a settlement is the goal of most lawsuits involving injuries. This usually involves an exchange of back-and forth between your lawyer and that of 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 assist you in deciding on the number of settlements you would like to seek and assist in negotiations.

The amount of damages, which includes medical bills, lost wages, and future losses, is an aspect that changes. Your injuries could get worse over time. This could increase future losses or decrease the value of current losses. Your attorney will ensure that your damages are determined based on your current injuries and your prognosis for future recovery.

Insurance companies usually attempt to limit their payout by arguing about certain aspects of your claim. This can lead to delay in settlement negotiations. However, your lawyer will have strategies to help you overcome these hurdles and obtain the best possible result for your case. In some cases, the process of negotiating an agreement can be a long process that can take months or even years. Negotiations can last for several months or even years, depending on various factors.

The Trial Phase

While the majority of cases involving injuries are resolved through settlement negotiations, which are not in the courtroom, your attorney could choose to take your case to trial if a fair solution is not reached. It is a stressful lengthy, costly and expensive procedure. The jury also has to decide if the defendant should be accountable for your injuries and the amount you will receive. It is crucial for your lawyer to conduct thorough research on your case in this phase to fully comprehend how you were injured and the severity of your injuries, damages and expenses.

At this point, your attorney will summon witnesses and experts to testify, and injured present evidence of physical nature, such as photographs, documents and medical reports. This is known as the case-in chief phase. The defense attorney will summon witnesses to testify as a defense and argue that plaintiffs should not be awarded damages. The judge or jury will then consider the evidence and arguments presented by both sides.

The judge will explain to the jury the legal standards that must be followed in order to decide in favor of plaintiffs or against defendants. This is referred to as jury instruction. Each side then makes its closing arguments. If the jury is unable to agree on a verdict, the judge will declare a mistrial. If you're not satisfied with the result of your trial, there might be an appeal available.