20 Myths About Injury Litigation: Dispelled

Injury Litigation

The legal procedure which allows you to claim compensation for your losses and injuries. Your injury attorney will build solid evidence in your case including eyewitness testimony, medical documents, defendant statements and expert witness opinions.

Your lawyer will then submit your lawsuit. If the defendant does not respond and the case is moved to the discovery phase, which is a process of finding facts.

The Complaint

Before a lawsuit is filed, an injured person (plaintiff) must conduct pre-lawsuit discovery. This involves studying police accident reports, conducting informal discovery and identifying possible liable parties.

The plaintiff can then file an order with a complaint. The complaint identifies who is the party who is being sued, and describes the harm that was caused by the defendant's actions or lack thereof. It typically contains a request for injury Attorney compensation for the victim's injuries including medical bills and lost wages as well as pain and suffering, among other damages.

The defendant will then have 30 days to file a response, known as an answer, in which they admit or deny the allegations made in the complaint. They may also add an additional defendant, or make a counterclaim.

During the discovery phase where both sides exchange relevant information about their positions and the evidence in the case. This involves depositions (also known as interrogatories) as well as written questions (also called interrogatories) and requests for documents. This typically comprises the major portion of the litigation timeline. During this phase, if there are any settlement possibilities the possibility of settlement will be discussed. If not, the case will progress to trial. During this time your attorney will be able to present 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 at-fault party to exchange information and gather evidence. This could include witness statements, specifics about your medical treatment as well as proof of the damages that you have suffered. Your lawyer may also employ different tools during discovery to aid your case, including interrogatories, requests for documentation and depositions. Requests for documents are essentially requests to provide all relevant documents that is within the respective parties' control. Interrogatories require written responses. Requests for admission are written demands to the other side asking them to accept certain facts. This could save time and cost as the attorneys don't need to prove their claims during trial. Depositions are live interviews of witnesses, where the attorney can question them about the incident under oath, and get their answers recorded and transcribed by a court reporter.

Discovery can be an uncomfortable, lengthy and time-consuming process, however it is essential to collect the evidence needed to win your injury claim. During your free consultation your attorney will be able discuss the specifics of the discovery process. For example, if you try to hide a preexisting condition that your injury worsened it could be discovered during the discovery process and removed from your case.

The Negotiation Phase

Most injury law firm cases aim to settle a case through negotiations. The process of achieving 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 help decide on a number to demand your settlement and then assist in negotiations.

The amount of damages, which includes medical bills, lost wages and future loss, is a factor that is constantly changing. Your injuries may get worse over time. This could result in a rise in future losses or diminish the value of your current losses. Your lawyer will ensure that your damages are dependent on the current condition of your injuries as well as an accurate prognosis for your future recovery.

Insurance companies often attempt to limit the amount they pay by disputing certain elements of your claim. This can cause delays in settlement negotiations however, your lawyer has strategies to help you navigate these obstacles and get the best possible outcome for your case. Negotiating a settlement can be a lengthy process that can take months or years. Many factors affect how long settlement negotiations last, but understanding what to expect can make the process less stressful and more efficient for you.

The Trial Phase

Most injury lawsuit cases are settled outside of court through settlement negotiations. However, if the resolution isn't reached, your lawyer may decide to bring the case to trial. It is a stressful, expensive and time-consuming process. It also requires the jury to decide whether the defendant should be accountable for your injuries and how much money you will receive. Your lawyer must thoroughly research your case in order to understand the circumstances of your injuries, the amount of the injuries, damages and costs.

Your attorney will then call witnesses as well as experts and present physical evidence, such as photographs or documents as well as medical reports. This is known as the case-in chief phase. The defense attorney will then call witnesses to testify in rebuttal and argue for the reasons why the plaintiff shouldn't be awarded damages. The jury or judge will then take into consideration the evidence and arguments made by both parties.

The judge will then explain the legal standards to be met in order for the jury to come up with a verdict in favor of the plaintiff and against the defendant. This is referred to as jury instruction. Each side then makes its closing arguments. If the jury is unable agree on a verdict, the judge will declare a mistrial. In some rare instances appeals may be available if you're not satisfied with the outcome of your trial.