Injury Litigation
Injuries litigation is the legal process which allows you to claim compensation for your losses and injuries. Your
injury lawyers attorney will build strong evidence in your case by utilizing eyewitness testimony as well as statements of the defendant and
Injury Law Firms expert witness opinions.
Your lawyer will file your lawsuit. Once the defendant has responded to the lawsuit, the case moves to the discovery phase, which is a process of finding facts.
The Complaint
Before a lawsuit is filed the person who has been injured (plaintiff), must conduct an investigation prior to filing a lawsuit. This involves reading police accident reports, making informal discovery and identifying potential at-fault parties.
Once the plaintiff has done this, they are able to start a summons as well as a complaint. The complaint identifies the party 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 the victim's medical expenses as well as lost income, suffering and pain, as well as other damages resulting from their injuries.
The defendant has 30 days to respond, which is also referred to as an answer. In this response, the defendant is able to accept or deny the allegations made in the complaint. They may also include an additional defendant from a third party or file a counterclaim.
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 called interrogatories), written questions (also called interrogatories) and requests for documents. This phase typically accounts for the most of the timeline for lawsuits. If settlement opportunities are available these will occur during this time. If not, the case will progress to trial. During this period the attorney will explain your argument to a jury or judge and the defendant will put on their defense.
The Discovery Phase
Discovery is a formal stage that allows you and your legal team to share information with the other party and gather evidence. It could include witness statements and details about your medical treatment, as well as proof of losses you have suffered. Your attorney may also employ several different tools during discovery to help your case, including interrogatories and requests for documents and depositions. Interrogatories are written queries which require a response in writing while requests for documents require the submission of all relevant documentation under the control of each party. Requests for admission are written letters to the other party requesting them to admit certain facts. This could save time and cost as the attorneys don't need to prove their claims at trial. Depositions are live conversations with witnesses. Your attorney can ask them questions regarding the incident while under an oath. Their responses will be recorded and transcribing.
Discovery can be an uncomfortable, long and time-consuming process, however it's necessary to collect the evidence you need to be successful in your claim for compensation. During your consultation for free with your attorney, you will be able to discuss the details of the discovery process. For instance, if try to hide a preexisting condition that your injury worsened, this information could be discovered in the process of discovery and then thrown out of your case.
The Negotiation Phase
Most injury cases aim to reach a settlement through negotiations. The process typically involves an exchange of information back and to and back-and-forth between your lawyer as well as that of the insurer of the responsible party. This may include informal conversations/correspondence (by phone, in meetings, by email) where the parties trade offers and counter-offers. Your lawyer can help you determine the best number to demand your settlement and assist in negotiations.
One of the difficulties of settling an injury claim is that the amount you are owed including medical expenses loss of income, future losses - can be a volatile factor. The severity of your injuries could increase over time, which can increase your future losses 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 an accurate prediction of your future recovery.
Insurance companies usually try to limit their payout by disputing certain elements of your claim. This can cause delays in settlement negotiations however, your lawyer can provide strategies to help you overcome these difficulties and achieve the best possible outcome for your case. Negotiating an agreement may take a long time or even years. Negotiations can take months or even years depending on a variety of factors.
The Trial Phase
Most cases of
Injury law firms are settled outside of court through settlement negotiations. However, if an agreement is not reached the lawyer could decide to bring the case to trial. It is a costly, time-consuming and stressful process. The jury will also have to decide if you should be paid for your injuries and if so, how much. Your lawyer must thoroughly research your case to determine the circumstances of your injuries, the severity of damages, injuries, and the costs.
Your attorney will then call witnesses and experts, and will present physical evidence, including photographs documents, documents, and medical reports. This is known as the case-in chief phase. The defense attorney will summon witnesses to testify for counter argument and argue that the plaintiff should not receive damages. The judge or jury will then consider the evidence and arguments offered by both parties.
The judge will explain to jurors the legal standards that must be met in order for them to make a decision in favor of plaintiff or against defendant. This is known as jury instruction. Each side then presents its closing arguments. If the jury is unable reach a consensus then the judge declares a mistrial. If you're not satisfied with the outcome of your trial, there may be a right to appeal.