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Injury Litigation

Legally, it is a procedure that allows you to get compensation for your injuries and losses. Your lawyer will create solid evidence in your case that includes eyewitness testimony, defendant statements and expert witness opinions.

Your lawyer will begin the process of filing your lawsuit. After the defendant has replied to your lawsuit, the case goes into a stage of fact-finding called discovery.

The Complaint

Before filing a lawsuit, the injured person (plaintiff) must conduct a an investigation prior to filing a lawsuit. This involves reviewing police accident reports, conducting informal discovery, and identifying any potentially liable parties and possible causes of action that could be brought against them.

The plaintiff is then able to file a summons with a complaint. The complaint details the damages caused by the defendant's action or his inaction. It typically contains a request to recover damages for the victim's injuries including medical bills, lost wages, pain and suffering and other damages.

The defendant will then have 30 days to file a response or answer in which they acknowledge or deny the allegations in the complaint. They may also file an appeal or add a third-party defendant the suit.

During the discovery phase during the discovery phase, both parties will share pertinent information about their positions and evidence. This typically involves depositions written questions (called interrogatories), and requests for documents. This phase usually takes up the majority of the timeline for a lawsuit. If there are settlement opportunities these will occur during this period. The case will then go to trial if there is no settlement. In this instance, your attorney will present your perspective before a judge or a 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 gather evidence. This can include witness testimony as well as details of the treatment you received from your doctor, and proof of losses you have suffered. Your attorney may also employ different tools during discovery to aid your case, such as interrogatories and requests for documents and depositions. Requests for documents are the requests to supply all relevant documentation which is within each party's control. Interrogatories require written responses. Requests for admissions ask the other party to accept certain facts. This can reduce time and cost since the attorneys do not have to prove these facts at trial. Depositions are live discussions with witnesses, during which your attorney can ask them questions regarding the incident under oath. Their answers will be recorded and transcribed.

Discovery can be an uncomfortable, lengthy and invasive process, but it is necessary to gather the evidence you require to prove your injury claim. During your consultation for free with your attorney, you will be able to explain the details of the discovery process. If you try to hide an injury that is preexisting and has gotten worse due to a medical condition that was already present, this information may be found out during discovery and your case could be thrown out.

The Negotiation Phase

Negotiating a settlement is the goal of most injuries. The process typically involves an exchange of information back and between your lawyer and 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 assist you determine the best number to demand your settlement and can then assist in negotiations.

The amount of damages, including medical bills, lost wages and future losses, is an aspect that changes. The severity of your injuries could increase over time, which may increase your future losses, and reduce the value of your current losses. Your lawyer will ensure that your damages are determined by the current state of your injuries, and provide an accurate prediction of your future recovery.

In many cases insurance companies are trying to limit the amount they pay for claims by challenging certain aspects of your case. This can result in an inability to settle settlement negotiations. However, your lawyer will have strategies that will help you overcome these obstacles to get the best possible outcome for your case. Negotiating an agreement may take a long time or even years. Many factors affect how long settlement negotiations take, but knowing what to expect will make the process less stressful and more efficient for you.

The Trial Phase

Although the majority of injury cases are resolved through settlement negotiations outside of court, your lawyer may decide to bring your case to trial if a fair resolution is not reached. It is a costly lengthy, time-consuming and stressful procedure. The jury will also have to decide if you are compensated for your injuries and, If so, what amount. It is therefore crucial for your lawyer to conduct a thorough investigation of your case prior to the trial to fully understand the nature of your injuries, the extent of your injuries, the damages and expenses.

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

The judge will explain to the jury the legal standards that must be met in order for them to decide in favor of plaintiff or against defendant. This is referred to as jury instruction. Each side then presents its closing arguments. If the jury is unable to agree on a verdict, the judge will declare that the trial is a mistrial. If you are not happy with the outcome of your trial, there may be an appeal option.