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Injury Litigation

The legal procedure that allows you to recover compensation for your injuries and losses. Your injury attorney will build strong evidence in your case, including eyewitness testimony, medical records in the form of defendant statements, expert witness opinions.

Your lawyer will begin the process of filing your lawsuit. After the defendant has responded, the case moves into an investigation of facts, also known as discovery.

The Complaint

Before filing a lawsuit the person who has been injured (plaintiff), must conduct an investigation prior to filing a lawsuit. This involves studying the police accident reports, conducting informal discovery and identifying liable parties.

Once the plaintiff has done this, they can start a summons as well as a complaint. The complaint details the damages caused by the defendant's actions or his actions. It typically includes a demand to recover damages for injuries suffered by the victim, including medical bills as well as lost wages, pain and suffering and other damages.

The defendant then has 30 days to file a response called an answer in which they either admit or deny the allegations contained in the complaint. They may also file an additional counterclaim or add a third party defendant to the suit.

During the discovery stage the parties will exchange pertinent information about their positions and evidence. This usually includes depositions, written questions (called interrogatories), and requests for documents. This phase typically accounts for the major portion of the litigation timeline. During this phase, if there are any settlement possibilities, these will be discussed. The case will then go to trial if there is no settlement. During this time your lawyer will present your side of the story to a jury or judge and the defendant will defend themselves.

The Discovery Phase

Discovery is a formal phase that allows you and your legal team to share information with the other party and collect evidence. This can include witness testimony as well as details of your medical treatment, and evidence of the losses you've suffered. Your attorney will have access to a variety of tools to help you during discovery, including interrogatories and requests for documents. Interrogatories are written inquiries that require a written answer and requests for documents involves requesting all relevant documentation under the control of the parties. Requests for admissions require the other side to admit certain facts, which can save time and money since the attorneys do not have to prove these facts at trial. Depositions are live conversations with witnesses, where your attorney can ask them questions regarding the incident while under oath. Their answers will be recorded and Injury attorney then transcribed.

Discovery may seem like an uncomfortable, lengthy and tedious process, but it's necessary to collect the evidence required to be successful in your claim for compensation. During your free consultation your attorney will be able to discuss the specifics of the discovery process. For example, if you attempt to conceal a preexisting condition that your injury worsened and this information is discovered during the discovery process and thrown out of your case.

The Negotiation Phase

A settlement that is negotiated is the main goal of many injuries. The process typically involves a back and forth between your lawyer and the insurance company of the party 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 the number you want to ask for your settlement and assist in negotiations.

One of the issues with settlement of an injury attorneys claim is that the amount you are owed (including medical bills or lost income as well as future losses - is an evolving factor. The severity of your injuries could increase over time, which could increase your losses in the future and decrease the amount of your current losses. Your attorney will ensure that your damages are determined based upon your current injuries as well as the probability of future recovery.

Most often insurance companies try to limit their payouts for claims by arguing against certain aspects of your case. This can cause delays in settlement negotiations but your lawyer will have strategies to help you overcome these obstacles and get the best possible outcome for your case. In some cases the process of negotiating an agreement can take months or even years. Negotiations can last for months or even years depending on various factors.

The Trial Phase

While the majority of injuries cases are resolved by settlement negotiations outside of court, your attorney may decide to bring your case to trial if a fair resolution is not attainable. This is a costly, time-consuming and stressful process. The jury also has to decide whether the defendant is held liable for your injuries, and the amount you should be awarded. Therefore, it is essential for your lawyer to conduct a thorough investigation of your case prior to the trial to fully comprehend how you were injured and the severity of your injuries, the damages and costs.

At this stage, your attorney will call witnesses and experts to testify and present physical evidence such as documents, photographs, and medical reports. This is the "case-in-chief" phase. The defense attorney will summon witnesses to testify as a rebuttal, and argue that plaintiffs shouldn't be awarded damages. The judge or jury will then review the evidence and arguments presented by both parties.

The judge will explain to the jury the legal standards which must be met in order for them to make a decision in favor of plaintiffs or against defendants. This is known as jury instruction. Each side then gives its closing arguments. If the jury is unable agree on a verdict and the judge declares a mistrial. If you are not happy with the outcome of your trial, there might be an appeal available.