injury law firm Litigation

Legally, it is the procedure that allows you to seek compensation for your losses and injuries. Your injury lawyer will develop solid evidence in your case including eyewitness testimony, medical documents, defendant statements and expert witness opinions.

Your lawyer will then file your lawsuit. If the defendant does not respond then the case goes to an investigation stage, also known as discovery.

The Complaint

Before a lawsuit is filed, an injured person (plaintiff) must conduct pre-lawsuit discovery. This involves looking over police accident reports, conducting informal discovery and identifying potential responsible parties.

The plaintiff is then able to file an order with a complaint. The complaint is a formal declaration of the party who is being sued, and describes the harm caused by the defendant's actions or inaction. It usually includes a request for damages to compensate the victim for their injuries, including medical bills loss of wages, pain and suffering and other damages.

The defendant will then have 30 days to file a reply which is referred to as an answer or answer, in which they accept or deny the allegations made in the complaint. They can also file counterclaims or add a third party defendant to the suit.

During the discovery stage, both parties will exchange relevant information regarding their positions and evidence. This usually includes depositions, written questions (called interrogatories), and requests for documents. This is usually the majority of the timeline for an action. In this stage, if there are any settlement options they will be discussed. The case will then go to trial if there's no settlement. During this period your lawyer will present 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 phase that allows you and your legal team to exchange information with the other party and collect evidence. It could include witness statements and details about your medical treatment, as well as evidence of the losses you've suffered. Your attorney may also employ several different tools during discovery to aid your case, such as interrogatories, requests for documentation and depositions. Requests for documents are essentially requests to provide all relevant documents which is within each party's control. Interrogatories require written responses. Requests for admission are written demands to the other party asking for their admission to certain facts. This could save time and money since attorneys do not have to prove the facts during trial. Depositions are recorded interviews with witnesses in which your attorney can interview them about the incident under oath. They will have their answers recorded and translated by a court reporter.

Although discovery can seem like a long process that is invasive, uncomfortable and tedious, it is a necessary step to gather the evidence required for winning your injury case. During your consultation for free the attorney will be able to discuss the details of the discovery process. If you try to hide a preexisting injury that worsened due to a medical condition that was already present, this information may be discovered during the process of discovery and your case could be thrown out.

The Negotiation Phase

Reaching a negotiated settlement is the goal of most injuries. The process to achieve this goal usually involves a back-and-forth exchange between your lawyer and the 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 assist you in deciding on the number of settlement that you want to request and assist with negotiations.

One of the biggest challenges in the process of settling an injury case is that the amount you are owed which includes medical bills as well as lost income and future losses - is a constantly changing factor. Your injuries may worsen as time passes, which could increase your future losses and decrease the value of your current losses. Your lawyer will ensure that your damages are determined based upon your current injuries and your prognosis for future recovery.

In many cases insurance companies are trying to limit their payout for claims by arguing against some elements of your case. This can prolong settlement negotiations however, your lawyer has strategies to help you overcome these difficulties and achieve the most favorable outcome for your case. Negotiating an agreement may take months or years. Many factors affect how long settlement negotiations last, but understanding what to expect will make the process less stressful and more effective for injury lawyer you.

The Trial Phase

Most cases of injury are resolved without court through settlement negotiations. If a resolution is not reached the lawyer could decide to bring the case to trial. It is a stressful long, Injury lawyer expensive and costly process. The jury also has to decide if the defendant should be held liable for your injuries and what compensation you are entitled to. Your lawyer should thoroughly investigate your case to understand the circumstances surrounding your injuries, the amount of the injuries, damages and costs.

Your lawyer will now call witnesses and experts and present physical evidence, such as photos documents, medical reports. This is the "case-in-chief" phase. The defense attorney will then call witnesses to testify and argue as to why the plaintiff should not be awarded damages. The jury or judge will then take into consideration the evidence and arguments offered by both sides.

The judge will then go over the legal requirements that must be met for the jury to decide for the plaintiff and against the defendant. This is called jury instruction. Afterwards, each side makes their closing arguments. If the jury cannot agree on a verdict then the judge declares a mistrial. If you're not satisfied with the outcome of your trial, there could be an appeal option.