injury law firm Litigation

The legal process which allows you to claim compensation for your injuries and losses. Your injury lawyer will develop strong evidence in your case by utilizing eyewitness testimony, medical records testimony of the defendant, expert witness opinions.

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

The Complaint

Before filing a lawsuit the person who was injured (plaintiff) must conduct a pre-lawsuit investigation. This involves reviewing police accident reports, conducting informal discovery, and identifying parties that could be liable and available causes of action that can be filed against them.

The plaintiff can then file an accusation and summons. The complaint describes the harm caused by the defendant's actions or his inaction. It usually includes a request for compensation for the victim's medical expenses loss of income, suffering and pain, as well as other damages related to their injuries.

The defendant is then given 30 days to file a reply called an answer or answer, in which they accept or deny the allegations in the complaint. They can also include an additional defendant, or file an appeal.

During the discovery phase in the discovery stage, both parties exchange relevant information regarding their positions and the evidence. This typically includes depositions, written questions (called interrogatories), and requests for documents. This phase usually takes up most of the time for an action. If there are settlement possibilities these will occur during this period. Otherwise the case will proceed to trial. In this instance your lawyer will provide your side of the story to a judge or jury and the defendant will put on their defense.

The Discovery Phase

The discovery phase is a formal process that allows your legal team and the party at fault to exchange information and collect evidence. This may include witness testimony as well as details of the treatment you received from your doctor, and evidence of losses you've suffered. Your attorney may use a variety tools to help you during discovery, such as interrogatories or requests for documents. Interrogatories are written queries which require a response in writing as well as requests for documents require the submission of all relevant documents that fall under the control of each party. Requests for admissions require the other party to accept certain facts, which can reduce time and cost since lawyers do not have to prove these undisputed facts in court. Depositions are live, in-person interviews with witnesses, during which your attorney can ask them questions about the incident under an oath. Their responses will be recorded and transcribed.

While it might seem like a long painful, invasive and uncomfortable process but it is an essential step to gather the evidence you need to win your injury case. During your free consultation the attorney will be able discuss the specifics of the discovery process. If you try to hide a preexisting injury that worsened due to a preexisting medical condition the information could be discovered during the process of discovery and your case could be dismissed.

The Negotiation Phase

Reaching a negotiated settlement is the goal of most lawsuits involving injuries. The process typically involves an exchange of information back and with your lawyer and the insurance company of the party responsible. 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 decide on the number you want to ask for your settlement and can then assist in negotiations.

The amount of damages, including medical bills, lost wages, and future losses, is a variable that is constantly changing. Your injuries may worsen over time, which can increase your losses in the future and decrease the amount of your current losses. Your lawyer will ensure that your damages are determined by the current state of your injuries and an accurate prognosis for your future recovery.

Insurance companies frequently attempt to limit the amount they pay by arguing against certain aspects of your claim. This can delay settlement negotiations however, your lawyer can provide strategies to help you overcome these difficulties and achieve 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 a whole year based on many factors.

The Trial Phase

While the majority of injuries cases are resolved through settlement talks outside of the courtroom, your attorney could decide to bring your case to trial if a fair solution is not reached. It is a stressful long, expensive and costly procedure. The jury must also decide if you should be compensated for your injuries, and in the event that they do, how much. Your lawyer should investigate your case in order to understand the circumstances of your injury, the extent of the injuries, damages and the costs.

Your attorney will then call witnesses and experts and present physical evidence, such as photos or documents as well as medical reports. This is referred to as the case-in­-chief phase. The defense attorney will call witnesses to testify and argue for the reasons why the plaintiff should not be awarded damages. The jury or judge evaluates the evidence and arguments of both parties.

The judge will then outline the legal standards to be met in order for the jury to find for the plaintiff and against the defendant. This is known as jury instruction. Each side then makes its closing arguments. If the jury cannot reach a consensus and the judge decides to declare a mistrial. In some rare cases appeals may be available if you're not satisfied with the results of your trial.