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Injury Litigation

Injury litigation is a legal process that allows you to claim compensation for your injuries and losses. Your injury attorney will build solid evidence in your case that includes eyewitness testimony, medical documentation, defendant statements and expert witness opinions.

Your lawyer will then start the lawsuit. Once the defendant has responded to the lawsuit, the case will move into an investigation of facts, also known as discovery.

The Complaint

Before the lawsuit is filed, an injured party (plaintiff) must conduct pre-lawsuit discovery. This involves reviewing police accident reports and conducting informal discovery and identifying potentially liable parties and the possible causes of action that could be argued against them.

After the plaintiff has completed this, they can start a summons as well as a complaint. The complaint outlines the harm caused by the defendant's actions or his inaction. It typically contains a request for compensation for the victim's injuries, including medical bills, lost wages, pain and suffering and other damages.

The defendant then has 30 days to file a response which is referred to as an answer, in which they admit or deny the allegations contained in the complaint. They may also add an additional defendant from a third party or make a counterclaim.

During the discovery stage in the discovery stage, both parties exchange relevant information regarding their positions and the evidence. This typically involves depositions written questions (called interrogatories), and requests for documents. This is usually the majority of the timeframe for the lawsuit. If there are any settlement options they will be discussed. If not, the case will progress to trial. During this period your lawyer will present your argument before a jury or judge and the defendant will take on their defense.

The Discovery Phase

Discovery is a formal process that permits you and your legal team to exchange information with the other party and collect evidence. It could include witness statements, details regarding your medical treatment, and proof of the losses that you have suffered. Your lawyer can also make use of several tools during discovery to help your case, such as interrogatories, requests for documentation and depositions. Interrogatories are written questions that require a written answer as well as requests for documents requires the submission of all relevant documents under the control of the parties. Requests for admissions ask the other party to acknowledge certain facts. This could help save time and money because the attorneys do not have to prove the facts uncontested during trial. Depositions are live interviews with witnesses. Your attorney can ask them questions regarding the incident while under oath. Their responses will be recorded and then transcribed.

Although discovery can appear to be an lengthy, intrusive and uncomfortable process, it is a necessary step to gather the evidence necessary to win your case. Your attorney will be capable of discussing the details of the discovery process with you during your complimentary consultation. For instance, if you try to hide a preexisting condition that your injury worsened and this information is discovered in the process of discovery and then thrown out of your case.

The Negotiation Phase

Reaching a negotiated settlement is the primary goal in most injury law firm cases. The process of achieving this goal usually involves an exchange of information between your lawyer and the responsible party's 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 help you choose the appropriate number 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 factor that is dynamic. Your injuries could worsen over time. This could cause further losses or decrease the value of your current losses. Your lawyer will ensure that your damages are determined based on the severity of your injuries and the prognosis of the future recovery.

Insurance companies frequently try to limit their payout by arguing about certain aspects of your claim. This can cause delays in settlement negotiations but your lawyer will have strategies to help you navigate these issues and get the best possible outcome for your case. In some cases negotiations to reach an agreement could be a long process that can take months or even years. Negotiations can last for months or even years depending on a variety of factors.

The Trial Phase

The majority of injury lawsuit cases are resolved without court through settlement negotiations. If a resolution is not reached your lawyer could decide to take the case to trial. This can be a difficult long, expensive and costly procedure. The jury also has to decide whether the defendant should be responsible for your injuries, and what amount of compensation you should receive. Your lawyer should thoroughly investigate your case to understand the circumstances of your injury, as well as the severity of damages, injuries, and the costs.

At this point, your lawyer will summon witnesses and experts to testify, and provide evidence in the form of photographs, documents and medical reports. This is the "case-in-chief" phase. The defense attorney will then summon witnesses to testify in rebuttal and argue that the plaintiff should not be awarded damages. The jury or judge will then take into consideration the evidence and arguments made by both parties.

The judge will explain to the jury the legal requirements which must be met in order for them to decide in the favor of plaintiff or against defendant. This is known as jury instruction. Then, each side presents their closing arguments. If the jury fails to reach a decision and the judge declares a mistrial. If you're not satisfied with the results of your trial, there may be a right to appeal.