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injury attorneys Litigation

The legal process which allows you to claim compensation for your injuries and losses. Your injury lawyer will develop solid evidence in your case including eyewitness testimony, medical documents testimony of the defendant, expert witness opinions.

Your lawyer will start the lawsuit. After the defendant responds, the case enters a fact-finding stage called discovery.

The Complaint

Before a lawsuit is filed the person who suffered the injury law firm (plaintiff), must conduct an investigation prior to the filing of a lawsuit. This includes reviewing police accident reports and conducting informal discovery and identifying any potentially liable parties and available causes of action that may be argued against them.

The plaintiff can then file a summons along with a complaint. The complaint outlines the harm caused by the defendant or his inaction. It typically includes a request for compensation for the victim's medical expenses loss of income, suffering and other damages resulting from their injuries.

The defendant is then given 30 days to file a reply or answer in which they either admit or deny the allegations in the complaint. They can also file an additional counterclaim or add a third-party defendant to the suit.

During the discovery stage in the discovery stage, both parties exchange relevant information regarding their positions and the evidence. This typically includes depositions, written questions (called interrogatories) and requests for documents. This phase typically accounts for the major portion of the litigation timeline. If there are settlement possibilities that are available, they will be negotiated during this period. In the event that there is no settlement, the case will progress to trial. During this time the attorney will present your side to a jury or judge and the defendant will defend themselves.

The Discovery Phase

The discovery phase is a formal procedure that permits your legal team and the party at fault to exchange information and collect evidence. This may include witness testimony and details about your medical treatment, as well as evidence of losses you've suffered. Your lawyer may also employ various tools during discovery to aid your case, including interrogatories, documents requests and depositions. Interrogatories are questions that require a written response as well as requests for documents involve requesting all relevant documents that fall under the control of each party. Requests for admission are written requests to the other party requesting them to admit certain facts. This can cut down on time and money since the attorneys don't have to prove the facts in court. Depositions are live interviews of witnesses in which your attorney can interview them about the incident under oath and have their answers recorded and transcribed by a court reporter.

Although discovery can seem like a long painful, invasive and uncomfortable process but it's a crucial step to gather the evidence necessary for winning your injury case. During your free consultation your attorney will be able discuss the specifics of the discovery process. For instance, if you attempt to conceal a preexisting condition that has caused your Injury Attorneys to worsen or aggravated, injury attorneys the information could be discovered during the discovery process and then thrown out of your case.

The Negotiation Phase

The majority of injury cases seek to reach a settlement through negotiations. This usually involves a back and forth between 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 decide on a number to demand for your settlement and can then assist in negotiations.

One of the biggest challenges in the process of settling a claim for injury is that the amount you are owed - including your medical bills as well as lost income and future losses - is a dynamic aspect. The severity of your injuries could increase over time, which could increase your losses in the future and decrease the value of your current losses. Your lawyer will ensure that your damages are dependent on the current condition of your injuries, and provide a complete outlook for future recovery.

Insurance companies often attempt to limit the amount they pay by challenging certain elements of your claim. This can prolong settlement negotiations however, your lawyer has strategies to help you overcome these challenges and reach the best possible outcome for your case. In some instances the process of negotiating an agreement can be lengthy, sometimes even for years. Negotiations can take months or even a whole year based on various factors.

The Trial Phase

Most cases involving injuries are resolved without court through settlement negotiations. However, if a resolution is not reached your lawyer might decide to proceed to trial. This can be a stressful lengthy, Injury Attorneys costly and expensive process. The jury also has to decide if the defendant should be held accountable for your injuries, and what compensation you are entitled to. Your lawyer should thoroughly investigate your case to discover the circumstances surrounding your injuries, the severity of the injuries, damages and costs.

At this point, your lawyer will summon witnesses and experts to testify and provide evidence in the form of documents, photographs and medical reports. This is the "case-in-chief" phase. The defense attorney will summon witnesses to testify in argument against the plaintiff, and argue that plaintiffs should not be awarded damages. The jury or judge will then review the evidence and arguments offered by both parties.

The judge will then discuss the legal requirements that must be met for the jury to decide in favor of the plaintiff and against the defendant. This is referred to as jury instruction. Each side will then present its closing arguments. If the jury is unable to agree on a verdict, the judge will declare a mistrial. If you are not happy with the results of your trial, there may be an appeal option.