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Injury Litigation

The legal procedure that allows you to recover compensation for your losses and injuries. Your injury attorney will build strong evidence in your case including eyewitness testimony, medical documents in the form of defendant statements, expert witness opinions.

Your lawyer will then file your lawsuit. Once the defendant has responded to the lawsuit, the case will move into a stage of fact-finding called discovery.

The Complaint

Before filing a lawsuit the person who suffered the injury (plaintiff) must conduct a pre-lawsuit investigations. This includes reviewing police accident reports and conducting informal discovery and identifying any potentially liable parties and available causes of action that may be brought against them.

After the plaintiff has completed this, they are able to make a complaint and summons. The complaint is a formal declaration of the party that is being sued and exposes the harm caused by the defendant's actions or lack thereof. It usually includes a request for damages for injuries suffered by the victim, including medical bills, lost wages, pain and suffering and 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 allegations made in the complaint. They may also add a third party defendant or file counterclaims.

During the discovery stage the parties will exchange pertinent information about their positions and the evidence. This typically includes depositions, written questions (called interrogatories), and requests for documents. This phase typically accounts for the majority of the lawsuit timeline. In this phase, if there are any settlement options they will be discussed. The case will go to trial if there is no settlement. During this time your lawyer will present your case before a judge or a jury and the defendant will put on their defense.

The Discovery Phase

Discovery is a formal phase that permits you and your legal team to share information with the other party and collect evidence. This may include witness testimony or details of your medical treatment, as well as evidence of the losses you've suffered. Your lawyer may also employ different tools in discovery to help your case, including interrogatories and requests for documents and depositions. Requests for documents are essentially requests to provide all relevant evidence that is within the respective parties' control. Interrogatories require written responses. Requests for admissions ask the other party to accept certain facts, which can reduce time and cost since attorneys do not need to prove these undisputed facts in court. Depositions are recorded interviews with witnesses where your attorney is able to interview them about the incident under oath. They will get their answers recorded and transcribing by a court reporter.

Although discovery can appear to be a long painful, invasive and uncomfortable process but it is an essential step to gather the evidence necessary to win your case. During your free consultation, your attorney can discuss the details of the discovery process. If you attempt to conceal an injury attorneys that was already present and aggravated due to a medical condition that was already present The information could be discovered during the process of discovery and your case could be thrown out.

The Negotiation Phase

Most injury cases aim to settle through negotiation. This usually involves a exchange of back and to and back-and-forth between your lawyer as well as 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 the amount of settlements you would like to demand and lawsuit then help in negotiations.

One of the challenges of settlement of an injury attorneys claim is that the amount you are owed which includes medical bills loss of income, future losses - is a constantly changing aspect. Your injuries could get worse over time. This could cause further losses or decrease the value of your current losses. Your lawyer will ensure that your damages are based on the current state of your injuries, and provide a complete outlook for future recovery.

Often insurance companies try to limit the amount they pay for claims by arguing against certain aspects of your case. This can delay settlement negotiations, but your lawyer has strategies to help you get through these difficulties and achieve the best possible outcome for your case. Negotiating an agreement can sometimes take a long time or even years. Negotiations can take months or even years based on many factors.

The Trial Phase

While the majority of injuries cases are resolved by settlement negotiations outside of court, your attorney may decide to bring your case to trial if an acceptable resolution is not reached. This can be a difficult lengthy, costly and expensive procedure. The jury also has to decide if the defendant should be held accountable for your injuries and the amount you should be awarded. Your lawyer should thoroughly investigate your case in order to understand the circumstances surrounding your injury, as well as the severity of the injuries, damages and costs.

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

The judge will explain to the jury the legal standards which must be met in order for them to make a decision in favor of the plaintiff or against the defendant. This is referred to as jury instruction. Each side then presents its closing arguments. If the jury is unable reach a decision, the judge will declare a mistrial. If you are not happy with the results of your trial, there may be a right to appeal.