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Injury Litigation

The process of suing for injury attorneys is a legal procedure that allows you to seek compensation for your losses and losses. Your injury lawyer will develop strong evidence for your case, including eyewitness testimony, medical documentation in the form of defendant statements, expert witness opinions.

Your lawyer will then submit your lawsuit. After the defendant has reacted to the lawsuit, the case will move into an investigation of facts, also known as discovery.

The Complaint

Before the lawsuit can be filed, an injured party (plaintiff) must conduct pre-lawsuit discovery. This includes looking over 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 details the damage caused by the defendant's or his inaction. The typical complaint will include a demand for injured compensation for medical bills and lost income, as well as suffering and other damages that result from their injury.

The defendant has 30 days to respond, also known as an answer. In this response, the defendant has the option to accept or deny the allegations made in the complaint. They can also add an additional defendant from a third party or make an appeal.

During the discovery phase in the discovery phase, both sides will exchange pertinent information regarding their respective positions and evidence in the case. This usually involves depositions, written questions (called interrogatories) and requests for documents. This is typically the most of the timeline for lawsuits. If there are settlement opportunities they will be made during this time. The case will then go to trial if there is no settlement. During this period the attorney will explain your side of the story to a jury or judge and the defendant will take on their defense.

The Discovery Phase

Discovery is a formal stage that permits you and your legal team to exchange information with the other party and gather evidence. It could include witness statements, information about your medical treatment and proof of the expenses you've incurred. Your attorney will have access to a variety of tools to aid you in discovery, such as interrogatories or requests for documents. Interrogatories are written questions that require a written answer, while request for documents requires the submission of all relevant documentation that is under the control of the parties. Requests for admission require the other party to admit certain facts. This could reduce time and cost since the attorneys don't have to prove these uncontested facts at trial. Depositions are live discussions with witnesses, where your attorney can ask them questions regarding the incident while under oath. Their responses will be recorded and transcribing.

While discovery may appear to be a long painful, invasive and uncomfortable process but it is an essential step to gather the evidence needed to win your case. During your consultation for free with your attorney, you will be able to explain the specifics of the discovery process. If you attempt to conceal an injury that was already present and aggravated due to a medical condition that was already present the information could be discovered during discovery and your case could be thrown out.

The Negotiation Phase

Reaching a negotiated settlement is the goal of most injury cases. The process typically involves an exchange of back-and to and back-and-forth between your lawyer as well as that of 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 decide on a number to demand your settlement and then assist in negotiations.

One of the biggest challenges in settlement of an injury claim is that the amount of your damages (including medical bills, lost income, and future losses - is an evolving aspect. Your injuries could worsen over time. This could cause further losses or reduce the value of current losses. Your lawyer will ensure that damages are calculated based on your current injuries and the prognosis of future recovery.

Insurance companies typically attempt to limit the amount they pay by arguing about certain aspects of your claim. This can prolong settlement negotiations but your lawyer will have strategies to help you overcome these challenges and reach the best possible outcome for your case. Negotiating an agreement may be a lengthy process that can take months or years. Negotiations can last for months or even years depending on many different factors.

The Trial Phase

Most injury cases are settled outside of court through settlement negotiations. However, if there is no resolution, your lawyer may decide to proceed to trial. This can be a stressful, expensive and time-consuming procedure. It also requires the jury to decide if the defendant should be responsible for your injuries, and what compensation you should be awarded. It is therefore important for your lawyer to conduct thorough research on your case in this phase to fully understand how you were injured and the severity of your injuries, the damages and costs.

Your lawyer will now call witnesses and experts, and will present physical evidence, like photographs documents, medical reports. This is known as the case-in chief phase. The defense attorney will call witnesses to testify in argument against the plaintiff, and argue that plaintiffs shouldn't be awarded damages. The jury or judge will then take into consideration the evidence and arguments offered by both parties.

The judge will explain to the jury the legal requirements that must be met in order to decide in the favor of the plaintiff or against the defendant. This is referred to as jury instruction. Following that, each side will present their closing arguments. If the jury cannot reach an agreement on a decision, the judge will declare that the trial is a mistrial. In some rare instances, an appeal may be available if not satisfied with the results of your trial.