injury lawyer Litigation

Injury litigation is a legal process that allows you to get compensation for your injuries and losses. Your injury attorney will build strong evidence for your case that includes eyewitness testimony, medical records in the form of defendant statements, expert witness opinions.

Your lawyer will then begin to file your lawsuit. Once the defendant has responded to the lawsuit, the case moves to an inquiry stage known as discovery.

The Complaint

Before filing a lawsuit the person who suffered the injury (plaintiff) must conduct a pre-lawsuit investigation. This includes reviewing the police accident reports, conducting informal discovery and identifying possible defendants.

Once the plaintiff has done this, they can make a complaint and summons. The complaint identifies the person who is being sued. It also exposes the harm caused by the defendant's conduct or inaction. It typically contains a request for compensation for the victim's injuries, including medical bills as well as lost wages, pain and suffering and other damages.

The defendant has 30 days to respond, also known as an answer. In this response, the defendant has the option to acknowledge or deny the allegations made in the complaint. They may also file an appeal or include a third-party defendant in the suit.

During the discovery phase during the discovery phase, both sides will share relevant information about their positions and the evidence in the case. This phase includes depositions (also called interrogatories) and written questions (also called interrogatories) as well as requests for documents. This is usually most of the time for the lawsuit. If there are settlement opportunities, they will take place during this period. The case will go to trial if there's no settlement. During this time your lawyer will explain your side of the tale to a jury or judge and the defendant will defend themselves.

The Discovery Phase

The discovery phase is a formal procedure that permits your legal team and the at-fault party to exchange information and gather evidence. It could include witness statements and details about your medical treatment and evidence of losses you've suffered. Your attorney can use several tools to help you during discovery, including interrogatories as well as requests for documents. Interrogatories are written queries that require a response written while requests for documents require the submission of all relevant documents that fall under the control of each party. Requests for admission are written requests to the other side asking them to accept certain facts. This will save time and money since the attorneys do not have to prove their case in court. Depositions are live interviews with witnesses. During these interviews, your attorney can ask them questions about the incident while under an oath. Their responses will be recorded and then transcribed.

Discovery may appear to be an uncomfortable, long and intrusive process, but it is essential to collect the evidence needed to be successful in your claim for compensation. During your free consultation your attorney will be able to explain the details of the discovery process. For instance, if you attempt to conceal a preexisting condition that has aggravated your injury it could be discovered during the discovery process and then thrown out of your case.

The Negotiation Phase

Negotiating a settlement is the primary goal in most lawsuits involving injuries. The process for achieving this goal is usually an exchange of information between your lawyer and the insurance company. 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 demand for your settlement and then assist in negotiations.

The amount of damage, which includes medical bills, lost wages, and future losses, is an aspect that is dynamic. Your injuries could worsen over time. This could cause further losses or diminish the value of current losses. Your lawyer will ensure that your damages are determined based on your current injuries as well as the probability of the future recovery.

A lot of times insurance companies attempt to limit the amount they pay for claims by arguing against specific elements of your case. This could lead to delay in settlement negotiations. However your lawyer can provide strategies to assist you in overcoming these obstacles and get the best outcome for your case. Negotiating a settlement can take months or years. There are many factors that affect how long settlement negotiations will last, but knowing the length to expect can make the process less stressful and more efficient for you.

The Trial Phase

Most cases involving injuries are settled outside of court through settlement negotiations. However, if an agreement is not reached, your lawyer may decide to take the case to trial. This can be a costly, time-consuming and stressful process. The jury also has to decide if the defendant should be accountable for your injuries and how much money you are entitled to. It is therefore important for your lawyer to thoroughly research your case at this point to fully comprehend the way you were injured, the extent of your injuries, the damages and costs.

Your lawyer will now call witnesses and experts and present physical evidence, including photographs or documents as well as medical reports. This is known as the case-in-chief phase. The defense attorney will then summon witnesses to testify and argue for the reasons why the plaintiff shouldn't be awarded damages. The jury or judge evaluates the evidence and arguments of both sides.

The judge will explain to the jury the legal standards which must be met in order to make a decision in favor of plaintiff or against defendant. This is called jury instruction. Each side then gives its closing arguments. If the jury fails to reach a consensus on a verdict and the judge declares a mistrial. If you're not satisfied with the results of your trial, there could be an appeal to be made.