Injury Litigation

injury lawyer litigation is a legal process that allows you to claim compensation for your injuries and losses. The lawyer representing you will utilize strong evidence to support your case, which includes eyewitness testimony, medical documents defense counsel's statements, defendant's testimony, and expert witness opinions.

Your lawyer will then begin to file your lawsuit. After the defendant responds, the case enters an inquiry stage known as discovery.

The Complaint

Before a lawsuit is filed the person who has been injured (plaintiff), must conduct an investigation prior to the filing of a lawsuit. This involves studying police accident reports, making informal discovery and identifying defendants.

After the plaintiff has completed this, they can start a summons as well as a complaint. The complaint identifies the party that is being sued and details the harm caused by the defendant's actions or lack thereof. It typically includes a demand for compensation for the victim's injuries including medical bills and lost wages, pain and suffering and other damages.

The defendant will then have 30 days to file a reply or answer, in which they admit or deny the allegations in the complaint. They can also include an additional defendant, or file an appeal.

During the discovery stage during the discovery phase, both parties will share relevant information regarding their positions and the evidence. This includes depositions (also known as interrogatories) and written questions (also called interrogatories), as well as requests for documents. This typically comprises the major portion of the litigation timeline. If settlement opportunities are available these will occur during this time. The case will proceed to trial if there is no settlement. During this period, your attorney will present your case before a jury or judge and the defendant will put on their defense.

The Discovery Phase

Discovery is a formal process that permits you and your legal team to share information with the other party and collect evidence. It could include witness statements as well as details of your medical treatment, as well as evidence of losses you've suffered. Your attorney can use several tools to assist you during discovery, such as interrogatories or requests for documents. Requests for documents are the requests to provide all relevant documentation that are within each party's control. Interrogatories require written responses. Requests for admissions require the other party to acknowledge certain facts. This can save time and money since lawyers do not have to prove the facts uncontested during trial. Depositions are live conversations with witnesses. During these interviews, your attorney can ask them questions regarding the incident while under an oath. Their responses will be recorded and transcribed.

While discovery may appear to be a long process that is invasive, uncomfortable and tedious but it is an essential step to gather the evidence necessary to win your injury case. Your lawyer will be willing to go over the specifics of the discovery process with you during your complimentary consultation. For instance, if you try to hide a preexisting health issue that caused your injury to get worse, this information could be discovered during the discovery process and thrown out of your case.

The Negotiation Phase

Most injury cases aim to settle a case through negotiation. The process typically involves an exchange of information back and with your lawyer and 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 determining the amount of settlements you would like to seek and assist with negotiations.

One of the challenges of the process of settling an injury case is that the amount you are owed which includes medical bills as well as lost income and future losses - is a constantly changing factor. Your injuries could worsen over time. This could increase future 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.

Most often, insurance companies are trying to limit their payout for claims by challenging certain aspects of your case. This can prolong settlement negotiations but your lawyer will have strategies to help you navigate these obstacles and get the best possible outcome for your case. In certain cases, the process of negotiating an agreement could be lengthy, sometimes even for years. There are many factors that affect the length of time that settlement negotiations be, but knowing what to expect will make the process less stressful and more effective for you.

The Trial Phase

Most injury cases are resolved without court through settlement negotiations. However, if there is no resolution the lawyer could decide to take the case to trial. This can be a stressful costly and time-consuming procedure. The jury must also decide if you are compensated for your injuries, and if so, how much. Your lawyer should thoroughly investigate your case in order to understand the circumstances of your injury, as well as the severity of the injuries, damages and costs.

At this stage, your attorney will call witnesses and experts to testify. They will also provide evidence in the form of documents, photographs and medical reports. This is known as the "case-in-chief" phase. The defense attorney will summon witnesses to testify in rebuttal and argue for the reasons why the plaintiff should not be awarded damages. The jury or judge will then take into consideration the evidence and injury arguments presented by both parties.

The judge will explain to jurors the legal standards that must be followed in order for them to make a decision in favor of plaintiffs or against defendants. This is known as jury instruction. After that, injury both sides present their closing arguments. If the jury is unable to agree on a verdict and the judge decides to declare a mistrial. In rare instances, an appeal may be available if you are not satisfied with the results of your trial.