Injury Litigation

The process of suing for injury attorney is a legal procedure that allows you to claim compensation for your injuries and losses. Your injury law firms lawyer will develop solid evidence in your case that includes eyewitness testimony as well as statements of the defendant and expert witness opinions.

Your lawyer will then submit your lawsuit. After the defendant has reacted, the case moves into an investigation of facts, also known as discovery.

The Complaint

Before a lawsuit can be filed, the injured person (plaintiff) must conduct pre-lawsuit discovery. This entails reviewing police accident reports as well as conducting informal discovery and identifying potential liable parties and causes of action that can be brought against them.

The plaintiff then has the option of filing a summons with a complaint. The complaint outlines the harm caused by the defendant's or his inaction. The typical complaint will include a demand for compensation for injuries suffered by the victim, including medical bills loss of wages along with pain and suffering and other damages.

The defendant then has 30 days to file a reply, known as an answer, in which they admit or deny the allegations contained in the complaint. They may also include a third party defendant or make counterclaims.

During the discovery phase, both sides will exchange relevant information about their positions and the evidence in the case. This typically includes depositions, written questions (called interrogatories), and requests for documents. This phase usually takes up the majority of the timeframe for an action. If there are settlement possibilities, they will take place during this period. If not the case will go to trial. During this time your lawyer will present your side of the tale to a jury or judge and the defendant will defend themselves.

The Discovery Phase

Discovery is a formal stage that allows you and your legal team to share information with the other party and collect evidence. This can include witness testimony and details about your medical treatment and proof of losses you have suffered. Your attorney can use several tools to aid you in discovery, including interrogatories as well as requests for documents. Interrogatories are written inquiries that require a response written while requests for documents requires the submission of all relevant documentation that is under the control of the parties. Requests for admission are written letters to the other party, asking for their admission to certain facts. This could save time and cost as the attorneys don't need to prove their claims at trial. Depositions are live interviews with witnesses. During these interviews, your attorney can ask them questions about the incident under an oath. Their responses will be recorded and then transcribed.

Discovery may appear to be an uncomfortable, lengthy and tedious process, but it's necessary to collect the evidence required to win your injury claim. During your free consultation the attorney will be able to explain the specifics of the discovery process. If you attempt to conceal an injury that has already been aggravated due to a medical condition that was already present The information could be discovered during the process of discovery and your case could be thrown out.

The Negotiation Phase

The negotiation of a settlement is the main goal of many injuries. The process typically involves an exchange of back-and with 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 help you decide on a number to request for your settlement and can then assist in negotiations.

One of the challenges of the process of settling an injury case is that the amount of your damages which includes medical bills, lost income, and future losses - is a dynamic aspect. Your injuries may worsen as time passes, which could increase your future losses and decrease the amount of your current losses. Your lawyer will ensure that damages are calculated based on your current injuries and the prognosis of future recovery.

Often insurance companies are trying to limit their payout for claims by arguing against specific elements of your case. This can lead to delay in settlement negotiations. However your lawyer will have strategies that will help you overcome these obstacles and achieve the best possible outcome for your case. Negotiating a settlement can take months or years. There are many factors that affect the length of time that settlement negotiations be, but knowing what to expect will make the process less stressful and more effective for you.

The Trial Phase

While the majority of cases involving injuries are resolved by settlement negotiations outside of court, your attorney may decide to take your case to trial if an acceptable resolution is not attainable. It is a stressful costly and time-consuming procedure. The jury must also decide if you should be compensated for your injuries and, in the event that they do, how much. Your lawyer must thoroughly investigate your case to understand the circumstances of your injuries, the severity of damages, injuries and the costs.

At this stage, your attorney will summon witnesses and experts to testify. They will also present evidence of physical nature, such as photographs, documents and medical reports. This is known as the case-in chief phase. The defense attorney will summon witnesses to testify and argue for the reasons why the plaintiff shouldn't be awarded damages. The jury or judge decides on the arguments and evidence of both parties.

The judge will then discuss the legal standards that must be met for the jury to rule in favor of the plaintiff and against the defendant. This is known as jury instruction. Following that, each side will present their closing arguments. If the jury is unable to agree on a verdict, the judge will declare that the trial is a mistrial. In some rare cases an appeal could be available in the event that you are not satisfied with the result of your trial.