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Injury Litigation

Legally, it is the process that allows you to collect compensation for your injuries and losses. Your injury lawyer will use strong evidence to support your case, which includes eyewitness testimonies, medical documentation in the form of statements from the defendant, as well as expert witness opinions.

Your lawyer will then file your lawsuit. Once the defendant has responded to your lawsuit, the case goes into the stage of fact-finding, which is known as discovery.

The Complaint

Before a lawsuit can be filed, an injured (Pe writes) person (plaintiff) must conduct pre-lawsuit discovery. This involves reviewing police accident reports, making informal discovery and identifying potential responsible parties.

Once the plaintiff has done this, they are able to file a summons and complaint. The complaint is a formal declaration of the party that is being sued and details the harm caused by the defendant's conduct or lack thereof. It typically contains a request for compensation for medical expenses as well as lost income, suffering and other damages related to their injury.

The defendant has 30 days to respond, also referred to as an answer. In this response, the defendant is able to accept or deny the allegations made in the complaint. They may also add third party defendants or file an appeal.

During the discovery phase the parties will exchange relevant information regarding their positions and the evidence. This process includes depositions (also known as interrogatories), written questions (also known as interrogatories) as well as requests for documents. This is typically the majority of the timeframe for a lawsuit. If there are settlement options, they will take place during this time. Otherwise the case will proceed to trial. During this time, your attorney will give your case to a jury or judge and the defendant will put on their defense.

The Discovery Phase

Discovery is a formal stage that allows you and your legal team to exchange information with the other party and collect evidence. This may include witness statements, information about your medical treatment and injured proof of the expenses you have incurred. Your lawyer may also employ several tools during discovery to assist your case, including interrogatories, requests for documents and depositions. Requests for documents are essentially requests to provide all relevant documentation that is within the respective parties' control. Interrogatories require written responses. Requests for admissions require the other side to admit certain facts, which can save time and money as the attorneys don't have to prove these uncontested facts during trial. Depositions are recorded interviews with witnesses where your attorney can inquire about the incident under oath and have their answers recorded and translated by a court reporter.

While it might seem like a long, intrusive and uncomfortable process however, it is an essential step to gather the evidence necessary for winning your injury case. During your consultation for free the attorney will be able to discuss the specifics of the discovery process. For instance, if you attempt to conceal a preexisting condition that has caused your injury attorneys to worsen or aggravated, the information could be discovered during the discovery process and then thrown out of your case.

The Negotiation Phase

Most injury cases aim to settle a case through negotiation. This process usually involves an exchange of information back and to and back-and-forth between your lawyer as well as the responsible party's insurer. This may include informal conversations/correspondence (by phone, in meetings, by email) where the parties trade offers and counter-offers. Your lawyer can assist in determining the amount of settlement you wish to demand and then help in negotiations.

The amount of damage, which includes medical bills, lost wages, and future losses, is a factor that is always changing. The severity of your injuries could increase as time passes, which could increase your future losses, and reduce the value of your current losses. Your attorney will ensure that damages are determined based on the severity of your injuries and the likelihood of future recovery.

Most often insurance companies try to limit their payout for claims by challenging certain aspects of your case. This can lead to delay in settlement negotiations. However your lawyer will have strategies that will help you overcome these hurdles and obtain the best possible result for your case. In some cases, the process of negotiating an agreement can take months or even years. Many factors affect how long settlement negotiations last, but understanding what to expect will make the process easier and more efficient for you.

The Trial Phase

Although the majority of injury cases are resolved through settlement talks outside of court, your lawyer may decide to take your case to trial if a satisfactory resolution is not attainable. It is a costly, time-consuming and stressful process. The jury must also decide if you are compensated for your injuries and If so, what amount. It is therefore important for your lawyer to thoroughly research your case prior to the trial to fully understand how you were injured and the severity of your injuries, damages and expenses.

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

The judge will explain to the jury the legal requirements that must be met in order to decide whether to go in favor of plaintiffs or against defendants. This is called jury instruction. Afterwards, each side makes their closing arguments. If the jury cannot agree on a verdict, the judge will declare that the trial a mistrial. In some rare instances an appeal could be available if you're not satisfied with the result of your trial.