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Injury Litigation

Injury litigation is a legal procedure that allows you to claim compensation for your injuries and losses. Your lawyer will use strong evidence to support your case. This includes eyewitness testimony, medical records as well as the statements of the defendant and expert witness opinions.

Your lawyer will then file your lawsuit. After the defendant responds to the lawsuit, the case moves to the discovery phase, which is a process of finding facts.

The Complaint

Before a lawsuit is filed the person who has been injured (plaintiff) must conduct a pre-lawsuit investigation. This involves reading police accident reports, making informal discovery, and identifying potential defendants.

The plaintiff then has the option of filing a summons with a complaint. The complaint identifies who is the party who is being sued, and exposes the harm caused by the defendant's conduct or lack thereof. It typically includes a demand for damages for injuries suffered by the victim, including medical bills loss of wages or income, as well as pain and other damages.

The defendant has 30 days to respond, also known as an answer. In this response, the defendant can admit or deny any allegations made in the complaint. They may also include a third party defendant or file counterclaims.

During the discovery phase, both sides will exchange relevant information about their positions and the evidence in the case. This includes depositions (also known as interrogatories) and written questions (also called interrogatories), as well as requests for documents. This process usually occupies the majority of the timeframe for a lawsuit. In this phase, if there are settlement opportunities they will be discussed. If not the case will proceed to trial. During this period, your attorney will tell your side of the story before a judge or jury and the defendant will defend themselves.

The Discovery Phase

The discovery phase is a formal procedure that allows your legal team and the at-fault party to exchange information and collect evidence. This can include witness statements, details regarding your medical treatment, and proof of the losses you've suffered. Your attorney may also employ several tools during discovery to aid your case, including interrogatories, requests for documents and depositions. Interrogatories are written inquiries that require a written response while requests for documents requires the submission of all relevant documentation under the control of the parties. Requests for admission are written demands to the other party requesting for their admission to certain facts. This will save time and money since the attorneys do not need to prove their claims during trial. Depositions are live conversations with witnesses where your attorney is able to ask them questions about the incident under oath, and have their answers recorded and translated by a court reporter.

Discovery may appear to be an uncomfortable, long and invasive process, but it's necessary to collect the evidence you require to prove your injury claim. Your lawyer will be capable of discussing the details of the discovery process in your free consultation. For instance, if try to hide a prior condition that has aggravated your injury it could be discovered in the process of discovery and removed from your case.

The Negotiation Phase

Most injury cases aim to settle the case through negotiation. This process usually involves an exchange of back-and to and back-and-forth between your lawyer as well as the insurer of the party who is responsible. 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 decide on a number to demand your settlement and assist in negotiations.

One of the biggest challenges in the process of settling a claim for injury is that the amount you are owed which includes medical bills loss of income, future losses - is a dynamic aspect. Your injuries could get worse over time. This could increase future losses or reduce the value of current losses. Your attorney will work to ensure that your damages are in line with the current condition of your injuries, and provide a full prognosis for future recovery.

Insurance companies typically attempt to limit their payout by disputing certain elements of your claim. This can delay settlement negotiations however, your lawyer has strategies to help you get through these difficulties and achieve the best possible outcome for your case. In some cases negotiations to reach an agreement could take months or even years. Negotiations can take several months or even years, depending on many different factors.

The Trial Phase

While the majority of cases involving injuries are resolved through settlement negotiations, which are not in the courtroom, your attorney might choose to take your case to trial if an acceptable resolution is not reached. This is a stressful long, expensive and costly process. The jury must also decide if you are paid for your injuries and if so, how much. It is therefore crucial for your lawyer to thoroughly research your case at this point to fully understand the way you were injured, the extent of your injuries, the damages and costs.

Your attorney will then call witnesses and experts and present evidence, like photographs documents, medical reports. This is known as the "case-in-chief" phase. The defense attorney will summon witnesses to testify on behalf of a argument against the plaintiff and argue that plaintiffs should not be awarded damages. The judge or jury will then look at the evidence and arguments presented by both parties.

The judge will explain to the jury the legal requirements which must be met in order to make a decision in favor of plaintiff or against defendant. This is called jury instruction. Each side will then present its closing arguments. If the jury is unable reach a consensus and the judge declares a mistrial. In some rare instances appeals may be available if not satisfied with the results of your trial.