Injury Litigation

The legal procedure that allows you to collect compensation for your injuries and losses. Your injury attorney will build strong evidence in your case by utilizing eyewitness testimony, medical documentation in the form of defendant statements, expert witness opinions.

Your lawyer will file your lawsuit. Once the defendant has responded, the case moves into the phase of fact-finding known as discovery.

The Complaint

Before a lawsuit is filed the person who was injured (plaintiff) must conduct a pre-lawsuit investigations. This involves reading police accident reports, making informal discovery and identifying potential at-fault parties.

The plaintiff then has the option of filing a summons with a complaint. The complaint is a formal declaration of the party who is being sued, and details the harm caused by the defendant's conduct or inaction. The typical complaint will include a demand for compensation for medical bills as well as lost income, suffering and other damages arising from their injury.

The defendant has 30 days to respond, also referred to as an answer. In this response, the defendant has the option to accept or deny the allegations made in the complaint. They may also make counterclaims or add a third party defendant to the suit.

During the discovery phase during the discovery phase, both sides will share pertinent information regarding their positions and the evidence they have in the case. This usually includes depositions, written questions (called interrogatories), and requests for documents. This phase usually takes up most of the time for a lawsuit. If settlement opportunities are available, they will take place during this period. The case will proceed to trial if there's no settlement. During this period, your attorney will tell your story to a jury or judge and the defendant will defend themselves.

The Discovery Phase

The discovery phase is a formal procedure that allows your legal team and the party at fault to exchange information and gather evidence. This may include witness testimony and details about your medical treatment, and evidence of the losses you've suffered. Your attorney can use several tools to assist you during discovery, including interrogatories and requests for documents. Interrogatories are questions that require a written response, while request for documents requires the submission of all relevant documentation that is under the control of each party. Requests for admission are written letters to the other party requesting for their admission to certain facts. This can cut down on time and money as the attorneys do not need to prove the facts at trial. Depositions are live discussions with witnesses, where your attorney can ask them questions regarding the incident under oath. Their answers will be recorded and then transcribed.

While it might appear to be an lengthy, intrusive and uncomfortable process, it is a necessary step to gather the evidence you need for winning your injury case. Your lawyer will be able to discuss the specifics of the discovery process with you during your complimentary consultation. For instance, if try to hide a preexisting condition that has caused your injury to worsen and this information is discovered during the discovery process and thrown out of your case.

The Negotiation Phase

Most injury cases aim to settle through negotiation. The process of 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 injury attorney counter-offers. Your lawyer can help you decide on a number to demand for your settlement and then assist in negotiations.

The amount of damages, including medical bills, lost wages, and future losses, is a factor that is dynamic. Your injuries may worsen over time, which could increase your future losses and decrease the amount of your current losses. Your lawyer will ensure that your damages are dependent on the current condition of your injuries as well as an accurate prognosis for injury attorney your future recovery.

Most often insurance companies attempt to limit their payout for claims by arguing against some aspects of your case. This can lead to a delay in settlement negotiations. However your lawyer has strategies to help you overcome these obstacles and achieve the best possible outcome for your case. In some cases negotiations to reach an agreement can be a long process that can take months or even years. Many factors affect the length of time settlement negotiations be, but knowing what to expect will make the process easier and more efficient for you.

The Trial Phase

The majority of injury cases are settled outside of court through settlement negotiations. If the resolution isn't reached the lawyer could decide to bring the case to trial. This is a stressful long, expensive and costly process. The jury also has to decide whether the defendant should be held accountable for your injuries and the amount you will receive. Your lawyer should thoroughly investigate your case to discover the circumstances of your injury, the extent of the injuries, damages and the costs.

Your lawyer will now call witnesses and experts and present evidence, including photographs documents, medical reports. This is known as 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 judge or jury will then look at the evidence and arguments put forward by both sides.

The judge will explain to the jury the legal standards that must be adhered to in order to decide in favor of plaintiffs or against defendants. This is referred to as jury instruction. Each side will then present its closing arguments. If the jury cannot reach an agreement on a verdict, the judge will declare that the trial a mistrial. If you are not happy with the result of the trial, there could be an appeal to be made.