20 Myths About Injury Litigation: Dispelled

Injury Litigation

Injury litigation is a legal process by which you can get compensation for your injuries and losses. Your injury attorney will build strong evidence in your case including eyewitness testimony as well as statements of the defendant and expert witness opinions.

Your lawyer will then file your lawsuit. After the defendant has replied to the lawsuit, the case will move into the stage of fact-finding, which is known as discovery.

The Complaint

Before a lawsuit is filed the person who was injured (plaintiff), must conduct an investigation prior to the filing of a lawsuit. This entails reviewing police accident reports and conducting informal discovery and identifying potential liable parties and causes of action that may be asserted against them.

After the plaintiff has completed this, they are able to make a complaint and summons. The complaint identifies the party who is being sued and details the harm caused by the defendant's actions or lack thereof. It typically contains a request for compensation for medical expenses loss of income, suffering and pain, as well as other damages arising from their injuries.

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

During the discovery phase, both sides will exchange relevant information about their respective positions and evidence in the case. This typically includes depositions, written questions (called interrogatories) and requests for documents. This usually accounts for the majority of the timeframe for a lawsuit. During this phase, if there are any settlement possibilities that are discussed, they will be discussed. The case will go to trial if there's no settlement. In this instance the attorney will give your case to a jury or judge and the defendant will take on their defense.

The Discovery Phase

Discovery is a formal procedure that allows you and your legal team to exchange information with the other party and collect evidence. This may include witness testimony as well as details of your medical treatment, as well as evidence of losses you've suffered. Your attorney will have access to a variety of tools to help you during discovery, including interrogatories as well as requests for documents. Interrogatories are questions that require a response written and requests for documents involves requesting all relevant documentation under the control of the parties. Requests for admission require the other party to acknowledge certain facts. This can save time and injury attorney money as lawyers do not have to prove these facts during trial. Depositions are live interviews with witnesses. During these interviews, your attorney can ask them questions regarding the incident while under an oath. Their answers will be recorded and then transcribed.

Discovery may appear to be an uncomfortable, long and intrusive process, but it is essential to gather the evidence you need to prove your injury claim. Your lawyer will be capable of discussing the details of the discovery process in your free consultation. For example, if you attempt to conceal a preexisting condition that has aggravated your injury attorneys and this information is discovered in the process of discovery and thrown out of your case.

The Negotiation Phase

Most injury cases aim to settle a case through negotiations. The process of reaching this goal usually involves 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 you wish to seek and assist in negotiations.

The amount of damages, including medical bills, lost wages and future loss, is a factor that is always changing. The severity of your injuries could increase over time, which may increase your future losses and decrease the amount of your current losses. Your attorney will ensure that damages are determined based upon your current injuries as well as the probability of future recovery.

In many cases insurance companies try to limit the amount they pay for claims by challenging certain elements of your case. This could delay settlement negotiations however, your lawyer has strategies to help you get through these challenges and reach the most favorable outcome for your case. In some instances the process of negotiating an agreement could be lengthy, sometimes even for years. Negotiations can last for several months or even years, depending on many factors.

The Trial Phase

Although the majority of injury cases are resolved through settlement negotiations outside of the courtroom, your attorney might decide to take your case to trial if a satisfactory resolution is not attainable. This can be a costly and time-consuming process that can be stressful. It also requires the jury to decide whether the defendant is accountable for your injuries, and what compensation you should be awarded. Your lawyer must thoroughly investigate your case to determine the circumstances of your injury, the extent of injuries, damages, and the costs.

At this point, 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 call witnesses to testify as a argument against the plaintiff and argue that the plaintiff should not receive damages. The judge or jury considers the arguments and evidence of both sides.

The judge will explain to jurors the legal standards which must be met in order to make a decision in favor of the plaintiff or against the defendant. This is called jury instruction. Afterwards, each side makes their closing arguments. If the jury cannot reach a consensus on a verdict, the judge will declare a mistrial. In some rare instances appeals may be available in the event that you are not satisfied with the results of your trial.