Injury Litigation

injury law firms litigation is a legal process by which you can claim compensation for your injuries and losses. Your lawyer will use strong evidence to support your case, including eyewitness testimonies, medical documentation as well as the statements of the defendant and expert witness opinions.

Your lawyer will file your lawsuit. After the defendant responds, the case enters an inquiry stage known as discovery.

The Complaint

Before a lawsuit is filed, the injured person (plaintiff) must conduct a pre-lawsuit investigation. This includes looking over police accident reports, conducting informal discovery and identifying responsible parties.

The plaintiff is then able to file an order with a complaint. The complaint outlines the harm caused by the defendant or his actions. The typical complaint will include a demand for compensation to compensate the victim for their injuries, including medical bills, lost wages along with pain and suffering and other damages.

The defendant will then have 30 days to file a reply which is referred to as an answer in which they acknowledge or deny the allegations made in the complaint. They may also include an additional defendant from a third party or make a counterclaim.

During the discovery phase, both parties will exchange pertinent information about their positions and evidence. This usually involves depositions, written questions (called interrogatories) and requests for documents. This usually accounts for the major portion of the litigation timeline. If there are settlement possibilities they will be made during this time. Otherwise, the case will progress to trial. During this period, your attorney will give your case to a jury or judge and the defendant will put on their defense.

The Discovery Phase

Discovery is a formal stage that permits you and your legal team to share information with the other party and injury collect evidence. It could include witness statements, information regarding your medical treatment, and proof of the losses you've incurred. Your attorney may also employ several different tools during discovery to assist your case, such as interrogatories, requests for documentation and depositions. Requests for documents are requests to supply all relevant documentation that are within each party's control. Interrogatories require written responses. Requests for admission require the other side to admit certain facts. This can help save time and money because lawyers do not have to prove the facts uncontested in court. Depositions are live conversations with witnesses where your attorney is able to ask them questions about the incident under oath. have their answers recorded and transcribing by a court reporter.

Although it may seem like a lengthy process that is invasive, uncomfortable and tedious but it's a crucial step to gather the evidence needed to win your injury case. Your lawyer will be willing to go over the specifics of the discovery process with you during your free consultation. If you attempt to conceal an injury law firms that is preexisting and has gotten worse due to a preexisting medical condition the information could be discovered during the process of discovery and your case could be thrown out.

The Negotiation Phase

Most cases of injury aim to reach a settlement through negotiation. This process usually involves a exchange of back and with your lawyer and 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 help you decide on the number you want to demand your settlement, and then assist in negotiations.

The amount of damages, including medical bills, lost wages, and future loss, is a factor that is constantly changing. Your injuries could get worse over time. This could lead to a rise in future losses or reduce the value of your current losses. Your lawyer will ensure that damages are determined based on your current injuries and your prognosis for 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 challenges and reach the best possible outcome for your case. In some instances negotiations to reach an agreement can be lengthy, sometimes even for years. Negotiations can take several months or even years, depending on a variety of factors.

The Trial Phase

While the majority of cases involving injuries are resolved through settlement negotiations, which are not in court, your lawyer may decide to bring your case to trial if a fair resolution cannot be reached. This is an expensive and time-consuming process that can be stressful. The jury must also decide if you should be compensated for your injuries, injury and should they, if so, in what amount. Your lawyer should investigate your case to determine the circumstances surrounding your injury, as well as the severity of the injuries, damages and the costs.

Your lawyer will now call witnesses as well as experts and present physical evidence, such as photos or documents as well as medical reports. This is the "case-in-chief" phase. The defense attorney will call witnesses to testify as a rebuttal, and argue that plaintiffs shouldn't be awarded damages. The jury or judge will then take into consideration the evidence and arguments put forward by both parties.

The judge will then go over the legal requirements that must be met in order for the jury to decide for the plaintiff and against the defendant. This is called jury instruction. Each side then presents its closing arguments. If the jury fails to reach a decision then the judge declares a mistrial. In some rare cases an appeal could be available if not satisfied with the results of your trial.