"Ask Me Anything:10 Answers To Your Questions About Injury Litigation

Injury Litigation

Injury litigation is a legal procedure that allows you to recover compensation for your injuries and losses. Your injury attorney will build solid evidence in your case including eyewitness testimony, medical documents as well as statements of the defendant and expert witness opinions.

Your lawyer will bring your lawsuit. After the defendant has reacted, the case moves into an investigation of facts, injury attorney also known as discovery.

The Complaint

Before a lawsuit is filed, an injured person (plaintiff) must conduct pre-lawsuit discovery. This involves reviewing the police accident reports, injury attorney conducting informal discovery, and identifying potential at-fault parties.

The plaintiff may then file a summons along with a complaint. The complaint identifies the person who is being sued, and exposes the harm caused by the defendant's actions or inaction. The typical complaint will include a demand for compensation for medical bills as well as lost income, pain and suffering, and other damages arising from their injuries.

The defendant has 30 days to respond, referred to as an answer. In this response, the defendant is able to admit or deny any allegations made in the complaint. They may also add a third party defendant or make counterclaims.

During the discovery phase, both sides will exchange relevant information about their positions and the evidence in the case. This usually involves depositions, written questions (called interrogatories) and requests for documents. This process usually occupies the majority of the timeframe for the lawsuit. During this phase, if there are any settlement possibilities, these will be discussed. If not, the case will progress to trial. In this instance your attorney will be able to give your case to a jury or judge and the defendant will take 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 gather evidence. This can include witness statements, details about your medical treatment and proof of the expenses you've suffered. Your attorney can utilize a variety of tools to help you during discovery, such as interrogatories or requests for documents. Interrogatories are written inquiries which require a response in writing as well as requests for documents involve requesting all relevant documents that fall under the control of each party. Requests for admission are written letters to the other party asking for them to acknowledge certain facts. This can save time and money as the attorneys don't need to prove their claims in court. Depositions are live conversations with witnesses in which your attorney can interview them about the incident under oath. They will have their answers recorded and translated by a court reporter.

While discovery may seem like a long unpleasant, time-consuming and uncomfortable process but it is an essential step to gather the evidence necessary for winning your injury case. Your lawyer will be willing to go over the specifics of the discovery process with you during your complimentary consultation. For instance, if you attempt to conceal a preexisting health issue that caused your injury to get worse and this information is discovered in the process of discovery and thrown out of your case.

The Negotiation Phase

A settlement that is negotiated is the primary goal in most injury cases. The process to achieve this goal is usually a back-and-forth exchange between your lawyer and the insurance company. This may include informal conversations/correspondence (by phone, in meetings, by email) where the parties trade offers and counter-offers. Your lawyer can assist you in deciding the amount of settlement that you want to request and assist with negotiations.

The amount of damages, which includes medical bills, lost wages, and future losses, is an aspect that changes. Your injuries may worsen over time, which can increase your future losses, and reduce the amount of your current losses. Your lawyer will ensure that damages are calculated based on your current injuries and your prognosis for the future recovery.

Often insurance companies try to limit their payouts for claims by challenging certain elements of your case. This could delay settlement negotiations but your lawyer will have strategies to help you get through these challenges and reach the most favorable outcome for your case. The process of negotiating an agreement can be a lengthy process that can take months or years. There are many factors that affect how long settlement negotiations will last, but understanding what to expect will make the process less stressful and more efficient for you.

The Trial Phase

Although the majority of injury cases are resolved through settlement talks outside of court, your lawyer may choose to take your case to trial if a satisfactory resolution is not reached. This can be a stressful lengthy, costly and expensive process. The jury must also decide if you should be compensated for your injuries and should they, if so, in what amount. It is therefore crucial for your lawyer to conduct a thorough investigation of your case at this point to fully understand the way you were injured and the severity of your injuries, the damages and costs.

Your attorney will now summon witnesses and experts and present evidence, such as photographs, documents, and medical reports. This is known as the case-in chief phase. The defense attorney will call witnesses to testify and argue why the plaintiff should not be awarded damages. The judge or jury will then look at the evidence and arguments offered by both parties.

The judge will explain to jurors the legal standards that must be met in order to make a decision in favor of plaintiff or against defendant. This is referred to as jury instruction. Then, each side presents their closing arguments. If the jury is not able to agree on a verdict, the judge will declare the trial an unconstitutional trial. If you're not satisfied with the result of the trial, there could be an appeal available.