injury lawsuits Litigation

Injuries litigation is the legal procedure that allows you to seek compensation for your losses and injuries. The lawyer representing you will utilize strong evidence to support your case, such as eyewitness testimony, medical records, defendant's statements, and expert witness opinions.

Your lawyer will start the lawsuit. After the defendant has responded to the lawsuit, the case will move into a stage of fact-finding called discovery.

The Complaint

Before filing a lawsuit, the injured person (plaintiff) must conduct a pre-lawsuit investigations. This involves reviewing police accident reports and conducting informal discovery and identifying parties that could be liable and possible causes of action that may be brought against them.

After the plaintiff has completed this, they are able to make a complaint and summons. The complaint is a formal declaration of the party who is being sued and describes the harm caused by the defendant's conduct or inaction. The typical complaint will include a demand for compensation 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, known as an answer in which they acknowledge or deny the allegations made in the complaint. They may also file a counterclaim or include a third-party defendant in the suit.

During the discovery phase, both sides will exchange pertinent information regarding their positions and the evidence they have in the case. This includes depositions (also called interrogatories) and written questions (also known as interrogatories), as well as requests for documents. This typically comprises the major portion of the litigation timeline. If there are any settlement opportunities the possibility of settlement will be discussed. If not the case will proceed to trial. During this time your attorney will be able to present your argument before a judge or Injury Lawsuits a jury and the defendant will take on their defense.

The Discovery Phase

Discovery is a formal procedure that allows you and your legal team to share information with the other party and gather evidence. This may include witness statements, specifics about your medical treatment as well as proof of the damages you've incurred. Your attorney can also use several different tools in discovery to help your case, including interrogatories and requests for documents and depositions. Interrogatories are written inquiries which require a response in writing and requests for documents require the submission of all relevant documents that fall under the control of each party. Requests for admissions ask the other party to accept certain facts, which can reduce time and cost since the attorneys don't have to prove these uncontested facts during trial. Depositions are live interviews with witnesses, during which your attorney can ask them questions regarding the incident under the oath. Their answers will be recorded and transcribed.

Discovery can be an uncomfortable, lengthy and invasive process, but it is essential to collect the evidence you require to be successful in your claim for compensation. Your attorney will be capable of discussing 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 lawsuits worsened it could be discovered in the process of discovery and thrown out of your case.

The Negotiation Phase

Reaching a negotiated settlement is the main goal of many injury law firm cases. This process usually involves a exchange of back and forth between your lawyer and that of the insurance company of the party responsible. This may include informal conversations/correspondence (by phone, injury Lawsuits in meetings, by email) where the parties trade offers and counter-offers. Your lawyer can help decide on the number you want to request for your settlement and then assist in negotiations.

One of the difficulties of the process of settling an injury case is that the amount you are owed - including your medical bills as well as lost income and future losses - is a dynamic aspect. The severity of your injuries could increase as time passes, which could increase your losses in the future and decrease the value of your current losses. Your lawyer will ensure that damages are determined based upon your current injuries and the prognosis of the future recovery.

Insurance companies typically try to limit their payout by challenging certain elements of your claim. This could result in a delay in settlement negotiations. However, your lawyer will have strategies that will help you overcome these hurdles and obtain the best possible outcome for your case. In some instances, the process of negotiating an agreement can be a long process that can take months or even years. Numerous factors influence how long settlement negotiations will take, but knowing what to expect will make the process easier and more efficient for you.

The Trial Phase

Most cases of injury are resolved outside of court through settlement negotiations. If a resolution is not reached your lawyer might decide to bring the case to trial. It is a costly, time-consuming and stressful process. It also requires the jury to decide whether the defendant is held liable for your injuries, and the amount you should receive. It is therefore important for your lawyer to conduct thorough research on your case at this point to fully comprehend the way you were injured and the extent of your injuries, the damages and costs.

At this point, your attorney will summon witnesses and experts to testify. They will also present physical evidence such as documents, photographs and medical reports. This is the "case-in-chief" phase. The defense attorney will then summon witnesses to testify in rebuttal and argue why the plaintiff should not be awarded damages. The judge or jury weighs the evidence and arguments of both sides.

The judge will then discuss the legal standards which must be followed for the jury to find for the plaintiff and against the defendant. This is known as jury instruction. Then, each side presents their closing arguments. If the jury fails to agree on a verdict and the judge declares a mistrial. In some rare instances an appeal could be available if you're not satisfied with the outcome of your trial.