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Injury Litigation

Injury litigation is a legal procedure that allows you to claim compensation for your injuries and losses. The lawyer representing you will utilize strong evidence to support your case, such as eyewitness testimony, medical records in the form of statements from the defendant, as well as expert witness opinions.

Your lawyer will file your lawsuit. After the defendant has responded to the suit, it moves to a stage of fact-finding called discovery.

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Before a lawsuit is filed, the injured person (plaintiff), must conduct an investigation prior to the filing of a lawsuit. This involves reviewing police accident reports, making informal discovery and identifying defendants.

The plaintiff can then file an order with a complaint. The complaint identifies the party that is being sued and details the harm caused by the defendant's actions or lack thereof. It typically contains a request for compensation for the victim's medical bills as well as lost income, suffering and pain, and other damages related to their injury.

The defendant has 30 days to respond, which is also referred to as an answer. In this response, the defendant is able to acknowledge or deny the allegations made in the complaint. They can also file an additional counterclaim or add a third-party defendant the suit.

During the discovery phase, both parties will exchange relevant information regarding their positions and the evidence. This phase includes depositions (also called interrogatories) as well as written questions (also known as interrogatories) as well as requests for documents. This is usually the majority of the timeframe for a lawsuit. If there are settlement possibilities that are available, they will be negotiated during this period. The case will proceed to trial if there is no settlement. During this period, your attorney will present your argument before 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 at-fault party to exchange information and gather evidence. This may include witness statements, details about your medical treatment and evidence of the losses you've suffered. Your lawyer may also employ several different tools in discovery to help your case, such as interrogatories, requests for documentation and depositions. Requests for documents are essentially requests to provide all relevant documents that are within each party's control. Interrogatories require written responses. Requests for admission are written demands to the other party asking them to admit certain facts. This will save time and money as the attorneys do not have to prove the facts at trial. Depositions are recorded interviews with witnesses where your attorney can inquire about the incident under oath. get their answers recorded and transcribing by a court reporter.

Although it may appear to be an lengthy painful, invasive and uncomfortable process but it is an essential step to gather the evidence necessary for winning your injury case. During your free consultation, your attorney can discuss the details of the discovery process. If you try to hide an injury that has already been aggravated due to a preexisting medical condition, this information may be discovered during the process of discovery and your case could be dismissed.

The Negotiation Phase

The majority of injury cases seek to settle a case through negotiation. The process for achieving this goal typically involves an exchange of information 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 you decide on a number to request for your settlement, and then assist in negotiations.

One of the biggest challenges in the process of settling a claim for injury is that the amount of your damages (including medical bills as well as lost income and future losses - is a constantly changing factor. Your injuries could worsen over time. This could cause further losses or reduce the value of your current losses. Your lawyer will ensure that damages are calculated based on your current injuries and the prognosis of the future recovery.





Insurance companies typically try to limit their payout by disputing certain elements of your claim. This can result in an inability to settle settlement negotiations. However, your lawyer will have strategies that will help you overcome these obstacles and achieve the best outcome for your case. The process of negotiating an agreement can be a lengthy process that can take months or years. Negotiations can take months or even years based on many different factors.

The Trial Phase

Most cases involving injuries are settled outside of court through settlement negotiations. However, if a resolution is not reached your lawyer could decide to take the case to trial. It is a stressful lengthy, costly and expensive procedure. The jury also has to decide whether the defendant is responsible for your injuries, and the amount you should be awarded. It is crucial for your lawyer to thoroughly investigate your case prior to the trial to fully comprehend the nature of your injuries, the extent of your injuries, damages and costs.

At this moment, your lawyer will summon witnesses and experts to testify. They will also present physical evidence such as documents, photos, and medical reports. This is known as the case-in-chief phase. The defense attorney will summon witnesses to testify and argue as to why the plaintiff shouldn't be awarded damages. The jury or judge will then take into consideration the evidence and arguments put forward by both parties.

The judge will then go over 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. Then, each side presents their closing arguments. If the jury cannot agree on a final verdict, the judge will declare that the trial is an unconstitutional trial. In some rare instances appeals might be available in the event that you are unhappy with the outcome of your trial.