injury law Litigation

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

Your lawyer will bring your lawsuit. When the defendant has responded and the case is moved to the discovery phase, which is a process of finding facts.

The Complaint

Before filing a lawsuit the person who was injured (plaintiff) must conduct a pre-lawsuit investigation. This involves looking over police accident reports, conducting informal discovery and identifying possible responsible parties.

The plaintiff may then file a summons with a complaint. The complaint identifies the person that is being sued and exposes the harm caused by the defendant's conduct or lack thereof. The typical complaint will include a demand to seek damages to compensate the victim for their injuries, including medical bills, lost wages, pain and suffering and other damages.

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

During the discovery phase, both parties will exchange pertinent information about their positions and the evidence. This typically includes depositions, written questions (called interrogatories) and requests for documents. This usually takes up the majority of the timeframe for an action. During this phase, if there are any settlement opportunities, these will be discussed. The case will then proceed to trial if there's no settlement. During this time the attorney will present 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 allows your legal team and the party at fault to exchange information and injury lawyer gather evidence. This could include witness testimony as well as details of your medical treatment, and evidence of the losses you've suffered. Your attorney may also employ several tools during discovery to aid your case, including interrogatories and requests for documents and depositions. Interrogatories are written inquiries which require a response in writing and requests for documents requires the submission of all relevant documents that fall under the control of the parties. Requests for admission are written requests to the other party, asking for their admission to certain facts. This could save time and cost as the attorneys do not need to prove their claims during trial. Depositions are live interviews of witnesses in which your attorney can interview them about the incident under oath, and get their answers recorded and translated by a court reporter.

Discovery may seem like an uncomfortable, long and time-consuming process, however it is essential to collect the evidence you require to prove your injury claim. During your free consultation your attorney will be able discuss the specifics of the discovery process. For instance, if you try to hide a prior condition that has aggravated your injury compensation, this information could be discovered during the discovery process and then thrown out of your case.

The Negotiation Phase

Most cases of injury aim to settle a case through negotiations. The process to achieve this goal typically involves a back-and-forth exchange 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 in determining the amount of settlements you wish to negotiate and help with negotiations.

The amount of damage, which includes medical bills, lost wages, and future losses, is a variable that is dynamic. The severity of your injuries could increase over time, which can increase your future losses and decrease the value of your current losses. Your attorney will ensure that your damages are determined based on the severity of your injuries as well as the probability of the future recovery.

Insurance companies usually attempt to limit their payout by arguing about certain aspects of your claim. This can result in an inability to settle settlement negotiations. However your lawyer will have strategies that will help you overcome these obstacles and get the best possible result for your case. Negotiating an agreement may take a long time or even years. Negotiations can last for months or even years based on many factors.

The Trial Phase

Although the majority of injury compensation cases are resolved by settlement negotiations outside of the courtroom, your attorney could decide to bring your case to trial if a satisfactory resolution cannot be reached. This is a costly lengthy and time-consuming procedure that can be stressful. The jury will also have to decide if you are compensated for your injuries, and If so, what amount. Your lawyer should investigate your case to discover the circumstances surrounding your injuries, the amount of damages, injuries and the costs.

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

The judge will then explain the legal standards that must be met in order for the jury to rule in favor of the plaintiff and against the defendant. This is referred to as jury instruction. After that, both sides present their closing arguments. If the jury is not able to agree on a verdict the judge will declare that the trial is an unconstitutional trial. If you are not happy with the results of your trial, there might be an appeal option.