Injury Litigation

Injury litigation is the legal procedure that allows you to collect compensation for your losses and injuries. Your lawyer will create strong evidence in your case by utilizing eyewitness testimony in the form of defendant statements, expert witness opinions.

Your lawyer will start the lawsuit. After the defendant has responded, the case moves into the phase of fact-finding 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, conducting informal discovery, and identifying parties that could be liable and legal remedies that can be filed against them.

After the plaintiff has completed this, they can submit a summons and a complaint. The complaint is a formal declaration of the party who is being sued. It also exposes the harm caused by the defendant's actions or inaction. It usually includes a request for compensation for the victim's medical expenses as well as lost income, suffering and Vimeo pain, and other damages resulting from their injury.

The defendant has 30 days to respond, which is also referred to as an answer. In this response, the defendant is able to admit or deny any allegations made in the complaint. They can also file an appeal or include a third-party defendant in the suit.

During the discovery phase the parties will exchange pertinent information about their positions and evidence. This typically involves depositions written questions (called interrogatories) and requests for documents. This is usually most of the time for a lawsuit. If there are settlement opportunities these will occur during this period. The case will go to trial if there is no settlement. During this time the attorney will present your side of the story before a judge or jury and the defendant will defend themselves.

The Discovery Phase

The discovery phase is a formal procedure that permits your legal team and the party at fault to exchange information and gather evidence. This can include witness statements, details about your medical treatment and proof of the expenses you've incurred. Your attorney may use a variety tools to assist you during discovery, such as interrogatories and requests for documents. Interrogatories are questions which require a response in writing, while request for documents involve requesting all relevant documentation that is under the control of each party. Requests for admission ask the other party to admit certain facts, which can save time and money as lawyers do not have to prove these uncontested facts during trial. Depositions are live conversations with witnesses, during which your attorney can ask them questions regarding the incident under oath. Their answers will be recorded and transcribing.

Discovery may seem like an uncomfortable, long and time-consuming process, however it is necessary to gather the evidence required to prove your injury claim. During your consultation for free with your attorney, you will be able discuss the details 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, this information may be found out during discovery and your case could be thrown out.

The Negotiation Phase

The majority of injury cases seek to settle through negotiation. The process for achieving this goal usually 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 choose the appropriate number to ask for your settlement, and then assist in negotiations.

One of the issues with the process of settling an injury case is that the amount of your damages - including your medical bills, lost income, and future losses - can be a volatile factor. The severity of your injuries could increase over time, which may increase your losses in the future and decrease the amount of your current losses. Your attorney will work to ensure that your damages are based on the current state of your injuries, and provide a complete outlook for future recovery.

Insurance companies usually try to limit their payout by arguing against certain aspects of your claim. This could lead to delay in settlement negotiations. However your lawyer has strategies to assist you in overcoming these obstacles and get the best outcome for your case. In some instances negotiations to reach an agreement can take months or even years. Numerous factors influence how long settlement negotiations will last, but understanding what to expect will make the process easier and more efficient for you.

The Trial Phase

Although the majority of injury cases are resolved through settlement talks outside of court, your attorney may choose to take your case to trial if a satisfactory resolution cannot be 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. Your lawyer must thoroughly research your case to determine the circumstances surrounding your injuries, the severity of damages, injuries and costs.

Your attorney will now call witnesses and experts and present evidence, such as photographs or documents as well as medical reports. This is known as the case-in chief phase. The defense attorney will summon witnesses to testify on behalf of a rebuttal, and argue that plaintiffs shouldn't be awarded damages. The judge or jury weighs the arguments and evidence of both parties.

The judge will then discuss the legal requirements to be met in order for Vimeo the jury to rule for the plaintiff and against the defendant. This is referred to as jury instruction. After that, both sides present their closing arguments. If the jury cannot reach a decision, the judge will declare a mistrial. In some rare cases appeals might be available if not satisfied with the outcome of your trial.