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Injury Litigation

Injury litigation is the legal procedure which allows you to claim compensation for your injuries and losses. Your injury lawyer will develop strong evidence in your case including eyewitness testimony in the form of defendant statements, expert witness opinions.

Your lawyer will then begin to file your lawsuit. If the defendant does not respond and the case is moved to an inquiry stage known as discovery.

The Complaint

Before filing a lawsuit, the injured person (plaintiff) must conduct a pre-lawsuit investigation. This involves studying police accident reports, conducting informal discovery and identifying potential at-fault parties.

Once the plaintiff has done this, they are able to make a complaint and summons. The complaint identifies the person that is being sued and details the harm caused by the defendant's conduct or lack thereof. It typically includes a request for compensation for medical expenses and lost income, as well as suffering and other damages resulting from their injury.

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

During the discovery phase during the discovery phase, both sides will share relevant information about their positions and evidence in the case. This usually includes depositions, written questions (called interrogatories), and requests for documents. This phase usually takes up the majority of the timeframe for a lawsuit. If there are settlement options, they will take place during this time. If not the case will proceed to trial. During this period your lawyer will present your side of the story to a judge or jury and the defendant will put on their defense.

The Discovery Phase

Discovery is a formal stage that allows you and your legal team to share information with the other party and gather evidence. This may include witness testimony or details of the treatment you received from your doctor, and evidence of losses you've suffered. Your attorney can also use different tools during discovery to help your case, including interrogatories, requests for documents and depositions. Interrogatories are written inquiries which require a response in writing while requests for documents requires the submission of all relevant documentation that is under the control of the parties. Requests for admission ask the other party to admit certain facts. This could reduce time and cost since the attorneys do not have to prove these facts at trial. Depositions are live recordings of witnesses where your attorney can question them about the incident under oath. They will get their answers recorded and transcribed by a court reporter.

While discovery may appear to be a long painful, invasive and uncomfortable process, it is a necessary step to gather the evidence you need to win your injury case. During your free consultation the attorney will be able discuss the details of the discovery process. For instance, if try to hide a prior health issue that caused your injury to get worse it could be discovered in the process of discovery and thrown out of your case.

The Negotiation Phase

Most cases of injury aim to reach a settlement through negotiation. The process typically involves an exchange of information 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 determine the best number to request for your settlement and then assist in negotiations.

One of the difficulties of settling an injury Lawsuits claim is that the amount of your damages (including medical bills loss of income, Injury Lawsuits future losses - can be a volatile factor. The severity of your injuries could increase over time, which can increase your losses in the future and decrease the value of your current losses. Your lawyer will ensure that your damages are calculated based on your current injuries as well as the probability of the future recovery.

Insurance companies typically attempt to limit the amount they pay by arguing about certain aspects of your claim. This could delay settlement negotiations but your lawyer will have strategies to help you get through these challenges and reach the most favorable outcome for your case. Negotiating an agreement may take months or even years. Many factors affect the length of time that settlement negotiations last, but understanding what to expect will make the process easier and more efficient for you.

The Trial Phase

While most injury cases are resolved through settlement talks outside of court, your lawyer may decide to take your case to trial if an acceptable solution is not reached. This can be a stressful long, expensive and costly process. The jury also has to decide if the defendant should be held liable for your injuries, and what amount of compensation you will receive. Your lawyer should thoroughly investigate your case to discover the circumstances of your injury, as well as the severity of damages, injuries and costs.

At this moment, your lawyer will call witnesses and experts to testify, and present evidence of physical nature, such as documents, photos, and medical reports. This is the "case-in-chief" phase. The defense attorney will summon witnesses to testify and argue for the reasons why the plaintiff shouldn't be awarded damages. The judge or jury considers the evidence and arguments of both sides.

The judge will then outline the legal standards to be met in order for the jury to rule for the plaintiff and against the defendant. This is known as jury instruction. Each side will then present its closing arguments. If the jury is not able to agree on a decision, the judge will declare the trial a mistrial. In rare instances appeals might be available if not satisfied with the result of your trial.