Injury Litigation: The Good, The Bad, And The Ugly

Injury Litigation

Injury litigation is the legal procedure that allows you to seek compensation for your losses and injuries. Your lawyer will use strong evidence to support your case. This includes eyewitness testimony from witnesses, medical records, defendant's statements, and expert witness opinions.

Your lawyer will then submit your lawsuit. Once the defendant has responded to the lawsuit, the case moves to a fact-finding stage called discovery.

The Complaint

Before a lawsuit can be filed, an injured party (plaintiff) must conduct pre-lawsuit discovery. This includes reading police accident reports, making informal discovery and identifying possible defendants.

The plaintiff then has the option of filing an order with a complaint. The complaint details the damages caused by the defendant or his actions. It typically includes a demand to seek damages for injuries suffered by the victim, including medical bills loss of wages, pain and suffering and lawsuit other damages.

The defendant has 30 days to respond, also known as an answer. In this response, the defendant may accept or deny the allegations made in the complaint. They may also file an additional counterclaim or include a third-party defendant in the suit.

During the discovery phase during the discovery phase, both parties will share relevant information regarding their positions and the evidence. This usually involves depositions, written questions (called interrogatories) and requests for documents. This phase typically accounts for the majority of the lawsuit timeline. If there are any settlement opportunities the possibility of settlement will be discussed. In the event that there is no settlement, the case will progress to trial. In this time the attorney will present your side of the story before a judge or jury and the defendant will defend themselves.

The Discovery Phase

Discovery is a formal stage that allows you and your legal team to share information with the other party and collect evidence. It could include witness statements or details of your medical treatment, as well as evidence of losses you've suffered. Your attorney may use a variety tools to aid you in discovery, including interrogatories and requests for documents. Requests for documents are essentially requests to provide all relevant documents which is within each party's control. Interrogatories require written responses. Requests for admission are letters to the other party asking for their admission to certain facts. This can save time and money since attorneys don't have to prove their case during trial. Depositions are recorded interviews with witnesses in which your attorney can inquire about the incident under oath, and get their answers recorded, lawsuit and then transcribed by a court reporter.

Discovery can be an uncomfortable, long and time-consuming process, however it's necessary to collect the evidence needed to prove your injury claim. Your lawyer will be willing to go over the specifics of the discovery process with you during your complimentary consultation. If you attempt to conceal an injury attorney that has already been aggravated due to a medical condition that was already present The information could be discovered during the process of discovery and your case could be dismissed.

The Negotiation Phase

Negotiating a settlement is the goal of most lawsuits involving injuries. This process usually involves a back and with 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 help choose the appropriate number to demand for your settlement and can then assist in negotiations.

The amount of damages, such as medical bills, lost wages and future losses, is an aspect that is constantly changing. The severity of your injuries could increase as time passes, which could 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 and your prognosis for the future recovery.

Insurance companies often try to limit their payout by disputing certain elements of your claim. This can prolong settlement negotiations, but your lawyer has strategies to help you get through these issues and get the best possible outcome for your case. Negotiating a settlement can take months or even years. Negotiations can last for months or even a whole year based on a variety of factors.

The Trial Phase

Although the majority of injury cases are resolved through settlement talks outside of court, your attorney may choose to take your case to trial if an acceptable resolution is not reached. This can be a costly and time-consuming process that can be stressful. The jury also has to decide if the defendant should be held liable for your injuries and the amount you will receive. Your lawyer should thoroughly investigate your case to determine the circumstances of your injuries, the severity of the injuries, damages and costs.

At this stage, your attorney will call witnesses and experts to testify and present physical evidence such as documents, photographs, and medical reports. This is the "case-in-chief" phase. The defense attorney will summon witnesses to testify in rebuttal and argue as to why the plaintiff shouldn't be awarded damages. The judge or jury will then consider the evidence and arguments offered by both parties.

The judge will then discuss the legal standards that must be met in order for the jury to come up with a verdict for the plaintiff and against the defendant. This is called jury instruction. Each side then gives its closing arguments. If the jury cannot reach a consensus and the judge decides to declare a mistrial. In rare instances appeals may be available if you are not satisfied with the results of your trial.