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Injury Litigation

Legally, it is the procedure that allows you to seek compensation for your injuries and losses. Your injury lawyer will use strong evidence to prove your case, including eyewitness testimonies, medical documentation as well as the statements of the defendant and expert witness opinions.

Your lawyer will bring your 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 filing a lawsuit the person who was injured (plaintiff), must conduct pre-lawsuit investigations. This involves reviewing police accident reports, making informal discovery and identifying liable parties.

Once the plaintiff has done this, they can file a summons and complaint. The complaint identifies who is the party who is being sued and describes the harm that was caused by the defendant's actions or inaction. It typically contains a request to seek damages to compensate the victim for their injuries, including medical bills, lost wages or income, as well as pain and other damages.

The defendant is then given 30 days to file a reply which is referred to as an answer in which they acknowledge or deny the allegations in the complaint. They may also make a counterclaim or add a third party defendant to the suit.

During the discovery phase, both sides will exchange relevant information about their positions and the evidence they have in the case. This phase includes depositions (also known as interrogatories), written questions (also known as interrogatories), as well as requests for documents. This usually takes up the majority of the timeline for a lawsuit. During this phase, if there are settlement opportunities they will be discussed. If not, the case will progress to trial. During this time the attorney will explain your case to a jury or judge and the defendant will take on their defense.

The Discovery Phase

Discovery is a formal process that allows you and your legal team to exchange information with the other party and gather evidence. This can include witness testimony or details of your medical treatment and evidence of losses you've suffered. Your attorney can also use several tools during discovery to assist your case, such as interrogatories, requests for documents 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 admission require the other party to accept certain facts, which can save time and money as the attorneys do not have to prove the facts uncontested in court. Depositions are live interviews with witnesses. Your attorney can ask them questions about the incident under oath. Their responses will be recorded and transcribed.

Discovery can be an uncomfortable, lengthy and time-consuming process, however it is essential to gather the evidence needed to be successful in your claim for compensation. Your lawyer will be in a position to discuss the details of the discovery process with you during your free consultation. For example, if you attempt to conceal a preexisting condition that your injury lawsuit worsened or aggravated, the information could be discovered in the process of discovery and then thrown out of your case.

The Negotiation Phase

A settlement that is negotiated is the goal of most injury cases. The process typically involves a exchange of back and with your lawyer and that of 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 help you decide on a number to demand for your settlement, and then assist in negotiations.

One of the biggest challenges in settlement of an injury claim is that the amount of your damages which includes medical bills loss of income, future losses - is a dynamic aspect. Your injuries may get worse over time. This could lead to a rise in future losses or reduce the value of current losses. Your attorney will ensure that damages are determined based upon your current injuries and your prognosis for the future recovery.

In many cases insurance companies are trying to limit their payouts for claims by arguing against certain aspects of your case. This could lead to delay in settlement negotiations. However your lawyer can provide strategies to assist you in overcoming these obstacles to get the best possible outcome for your case. Negotiating an agreement may take months or even years. Negotiations can last for months or even years based on various factors.

The Trial Phase

Most cases of injury are resolved outside of court through settlement negotiations. However, if a resolution is not reached the lawyer could decide to proceed to trial. This is a stressful lengthy, costly and expensive procedure. The jury will also have to decide if you are compensated for your injuries, and should they, if so, in what amount. Therefore, it is essential for your lawyer to thoroughly investigate your case prior to the trial to fully comprehend the nature of your injuries and the extent of your injuries, the damages and costs.

At this point, your lawyer will summon witnesses and experts to testify. They will also provide evidence in the form of documents, photographs, and medical reports. This is known as the case-in-chief phase. The defense attorney will then call witnesses to testify in rebuttal and argue that the plaintiff should not be awarded damages. The judge or jury then considers the arguments and evidence of both sides.

The judge will then discuss the legal requirements that must be met for the jury to decide in favor of the plaintiff and against the defendant. This is called jury instruction. Each side then presents its closing arguments. If the jury is unable to agree on a verdict, the judge will declare a mistrial. In some rare cases appeals may be available if not satisfied with the result of your trial.