Injury Litigation

Legally, it is the process which allows you to claim compensation for your losses and injuries. Your injury attorney will build solid evidence in your case including eyewitness testimony testimony of the defendant, expert witness opinions.

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

The Complaint

Before a lawsuit is filed, an injured person (plaintiff) must conduct pre-lawsuit discovery. This includes reviewing accident reports, conducting informal discovery, and identifying potential liable parties and the possible causes of action that may be brought against them.

The plaintiff then has the option of filing an accusation and summons. The complaint identifies the party who is being sued and exposes the harm caused by the defendant's conduct or inaction. It usually includes a request for compensation for the victim's medical bills and lost income, as well as pain and suffering, and other damages related to their injury.

The defendant is then given 30 days to file a response or answer or answer, in which they accept or deny the allegations contained in the complaint. They may also make an appeal or add a third party defendant to the suit.

During the discovery stage in the discovery stage, both parties exchange relevant information regarding their positions and evidence. This typically involves depositions written questions (called interrogatories) and requests for documents. This process usually occupies the majority of the timeline for a lawsuit. If there are settlement possibilities, they will take place during this period. The case will then go to trial if there's no settlement. During this period, your attorney will provide your argument 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. This could include witness statements, information regarding your medical treatment, and proof of the expenses you've incurred. Your attorney may also employ several tools in discovery to help your case, such as interrogatories, documents requests and depositions. Requests for documents are essentially requests to supply all relevant documentation that is under each party's control. Interrogatories require written responses. Requests for admissions ask the other side 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 conversations with witnesses, Vimeo where your attorney can ask them questions about the incident while under oath. Their answers will be recorded and transcribing.

While discovery may appear to be a long painful, invasive and uncomfortable process however, it is an essential step to gather the evidence necessary for winning your injury case. Your lawyer will be in a position to discuss the details of the discovery process with you during your complimentary consultation. If you attempt to conceal an injury that is preexisting and has gotten worse due to a preexisting medical condition This information could be discovered during discovery and your case could be dismissed.

The Negotiation Phase

A settlement that is negotiated is the goal of most lawsuits involving injuries. This usually involves a exchange of back and to and back-and-forth between your lawyer as well as that of the insurer of the party who is responsible. This may include informal conversations/correspondence (by phone, Vimeo in meetings, by email) where the parties trade offers and counter-offers. Your lawyer can help decide on the number you want to ask for your settlement, and then assist in negotiations.

The amount of damages, such as medical bills, lost wages, and future losses, is a variable that is always changing. Your injuries could get worse over time. This could lead to a rise in future losses or decrease the value of current losses. Your attorney will work to ensure that your damages are based on the current state of your injuries as well as a complete outlook for future recovery.

Insurance companies typically attempt to limit their payout by challenging certain elements of your claim. This can lead to a delay in settlement negotiations. However your lawyer has strategies to help you overcome these hurdles and obtain the best possible result for your case. Negotiating a settlement can take a long time or even years. Negotiations can take months or even years depending on various factors.

The Trial Phase

Most cases of injury are resolved outside of court through settlement negotiations. However, if the resolution isn't reached, your lawyer may decide to proceed to trial. This is a stressful costly and time-consuming process. The jury will also have to decide if you are compensated for your injuries and in the event that they do, how much. It is therefore important for your lawyer to thoroughly research your case at this stage to fully understand how you were injured and the severity of your injuries, the damages and costs.

At this point, your attorney will summon witnesses and experts to testify, and provide evidence in the form of photographs, documents and medical reports. This is known as the case-in chief phase. The defense attorney will call witnesses to testify as a counter argument and argue that plaintiffs should not be awarded damages. The jury or judge decides on the arguments and evidence of both sides.

The judge will then go over the legal standards to be met in order for vimeo the jury to rule for the plaintiff and against the defendant. This is referred to as jury instruction. Each side then presents its closing arguments. If the jury is unable to agree on a verdict, the judge will declare the trial a mistrial. If you are not happy with the results of your trial, there might be a right to appeal.