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Injury Litigation

The process of suing for injury law firm is a legal process that allows you to claim compensation for your injuries and losses. Your lawyer will create strong evidence in your case by utilizing eyewitness testimony, medical records in the form of defendant statements, expert witness opinions.

Your lawyer will then start the lawsuit. Once the defendant has responded then the case goes to an investigation stage, also known as discovery.

The Complaint

Before a lawsuit is filed the person who has been injured (plaintiff), must conduct pre-lawsuit investigations. This involves reviewing police accident reports, conducting informal discovery and identifying potential responsible parties.

After the plaintiff has completed this, they can file a summons and complaint. The complaint details the damage caused by the defendant's actions or his actions. The typical complaint will include a demand for compensation for medical expenses, lost income, suffering and pain, as well as other damages related to their injuries.

The defendant has 30 days to respond, referred to as an answer. In this response, the defendant has the option to admit or deny any allegations made in the complaint. They can also file an additional counterclaim or add a third-party defendant to the suit.

During the discovery phase the parties will exchange pertinent information about their positions and evidence. This usually includes depositions, written questions (called interrogatories) and requests for documents. This typically comprises the most of the timeline for lawsuits. If there are any settlement possibilities they will be discussed. Otherwise, the case will progress to trial. During this period your lawyer will provide your side of the story to a judge or jury and the defendant will put on their defense.

The Discovery Phase

Discovery is a formal process that allows you and your legal team to share information with the other party and collect evidence. This may include witness statements, information about your medical treatment and proof of the expenses you've incurred. Your lawyer can also make use of several tools in discovery to help your case, such as interrogatories, documents requests and depositions. Requests for documents are the requests to provide all relevant documentation that is within the respective parties' control. Interrogatories require written responses. Requests for admission ask the other party to acknowledge certain facts. This can save time and money since lawyers do not have to prove these undisputed facts during trial. Depositions are live recordings of witnesses, where the attorney can question them about the incident under oath, and get their answers recorded and translated by a court reporter.

Discovery can be an uncomfortable, long and intrusive process, but it is essential to collect the evidence needed to win your injury claim. Your lawyer will be in a position to discuss the details of the discovery process with you during your complimentary consultation. For example, if you attempt to conceal a preexisting health issue that caused your injury to get worse, this information could be discovered in the process of discovery and thrown out of your case.

The Negotiation Phase

Negotiating a settlement is the primary goal in most injuries. 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 determine the best number to demand your settlement and assist in negotiations.

The amount of damages, such as medical bills, lost wages and future loss, is a factor that is dynamic. Your injuries could get worse over time. This could lead to a rise in future losses or diminish the value of current losses. Your lawyer will ensure that your damages are dependent on the current condition of your injuries as well as an accurate prognosis for your future recovery.

Most often insurance companies are trying to limit their payouts for claims by arguing against certain aspects of your case. This can cause delays in settlement negotiations, but your lawyer has strategies to help you navigate these difficulties and achieve the most favorable outcome for your case. Negotiating an agreement can sometimes take a long time or even years. Many factors affect the length of time settlement negotiations be, but knowing what to expect can make the process less stressful and more effective for you.

The Trial Phase

While most injury lawsuits cases are resolved through settlement negotiations, which are not in court, your lawyer may decide to bring your case to trial if an acceptable solution is not reached. This is a stressful long, expensive and costly procedure. The jury will also have to decide if you should be compensated for your injuries and, in the event that they do, how much. It is crucial for your lawyer to thoroughly investigate your case prior to the trial to fully understand the extent of your injuries and the severity of your injuries, the damages and costs.

At this moment, your lawyer will call witnesses and experts to testify, and provide evidence in the form of documents, photographs and medical reports. This is known as the "case-in-chief" phase. The defense attorney will summon witnesses to testify in rebuttal and argue that the plaintiff shouldn't be awarded damages. The judge or jury will then consider the evidence and arguments made by both parties.

The judge will explain to jurors the legal standards that must be met in order for them to decide whether to go in favor of plaintiff or against defendant. This is called jury instruction. After that, both sides present their closing arguments. If the jury is unable to reach a consensus then the judge declares a mistrial. In some rare cases appeals may be available if unhappy with the outcome of your trial.