Injury litigation is a legal procedure through which you can recover compensation for your injuries and losses. Your injury lawyer will use strong evidence to prove your case, which includes eyewitness testimonies, medical documentation defense counsel's statements, defendant's testimony, and expert witness opinions.
Your lawyer will begin the process of filing your lawsuit. After the defendant has reacted to the suit, Injury litigation it moves to an investigation of facts, also known as discovery.
The Complaint
Before a lawsuit is filed, the injured person (plaintiff) must conduct a pre-lawsuit investigations. This includes reading police accident reports, conducting informal discovery, and identifying potential defendants.
After the plaintiff has completed this, they are able to submit a summons and a complaint. The complaint identifies the person who is being sued, and describes the harm caused by the defendant's actions or lack thereof. It typically contains a request for compensation for medical expenses and lost income, as well as suffering and other damages that result from their injury case.
The defendant has 30 days to respond, also referred to as an answer. In this response, the defendant is able to admit or deny any claims made in the complaint. They may also file a counterclaim or add a third-party defendant the suit.
During the discovery phase during the discovery phase, both sides will share pertinent information regarding their positions and evidence in the case. This involves depositions (also known as interrogatories) as well as written questions (also called interrogatories) and requests for documents. This is usually the majority of the timeframe for a lawsuit. If there are settlement possibilities these will occur during this time. If not, the case will progress to trial. During this time the attorney will provide your argument to a jury or judge and the defendant will put on their defense.
The Discovery Phase
The discovery phase is a formal procedure that allows your legal team and the party at fault to exchange information and collect evidence. This could include witness testimony and details about the treatment you received from your doctor, and proof of losses you have suffered. Your attorney can also use various tools during discovery to aid your case, including interrogatories, documents requests and depositions. Requests for documentation are requests to provide all relevant documents that is within the respective parties' control. Interrogatories require written responses. Requests for admission are written letters to the other party asking for their admission to certain facts. This can save time and money since the attorneys do not have to prove the facts in court. Depositions are live recordings of witnesses, where the attorney can interview them about the incident under oath, and get their answers recorded and transcribed by a court reporter.
Discovery may appear to be an uncomfortable, lengthy and intrusive process, but it is necessary to gather the evidence you require to win your injury claim. Your lawyer will be in a position to discuss the details of the discovery process in your free consultation. If you try to hide a preexisting injury that worsened due to a medical condition that was already present the information could be found out during discovery and your case could be dismissed.
The Negotiation Phase
Negotiating a settlement is the aim of the majority of injuries. The process typically involves an exchange of information back and forth between your lawyer and that of the insurer of the party who is responsible. This may include informal conversations/correspondence (by phone, in meetings, by email) where the parties trade offers and counter-offers. Your lawyer can assist in determining the amount of settlements you would like to demand and then help in negotiations.
The amount of damages, including medical bills, lost wages and future losses, is an aspect that is always changing. Your injuries could get worse over time, which may increase your future losses, and reduce the amount of your current losses. Your lawyer will ensure that your damages are determined based on the severity of your injuries as well as the probability of the future recovery.
Insurance companies often try to limit their payout by arguing about certain aspects of your claim. This can delay settlement negotiations however, your lawyer can provide strategies to help you navigate these challenges and reach the best possible outcome for your case. The process of negotiating an agreement can be a lengthy process that can take months or years. Negotiations can take months or even years depending on a variety of factors.
The Trial Phase
Most injury lawyers cases are resolved outside of court through settlement negotiations. If the resolution isn't reached the lawyer could decide to go 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 how much money you are entitled to. It is therefore important for your lawyer to conduct a thorough investigation of your case prior to the trial to fully understand the way you were injured, the extent of your injuries, damages and costs.
At this point, your attorney will summon witnesses and experts to testify and present physical evidence such as documents, photos, and medical reports. This is known as the case-in chief phase. The defense attorney will summon witnesses to testify and argue as to why the plaintiff shouldn't be awarded damages. The jury or judge considers the arguments and evidence of both parties.
The judge will then explain the legal requirements that must be met in order for the jury to decide for the plaintiff and against the defendant. This is known as jury instruction. Then, Injury Litigation each side presents their closing arguments. If the jury is unable to reach a decision and the judge declares a mistrial. In some rare cases, an appeal may be available if you're unhappy with the outcome of your trial.
