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Injury Litigation

Legally, it is a procedure that allows you to recover compensation for your injuries and losses. Your injury attorney will build solid evidence for your case including eyewitness testimony, medical records, defendant statements and expert witness opinions.

Your lawyer will then submit your lawsuit. When the defendant has responded, the case enters an inquiry stage known as discovery.

The Complaint

Before a lawsuit can be filed, the injured person (plaintiff) must conduct pre-lawsuit discovery. This includes reviewing accident reports and conducting informal discovery and identifying parties that could be liable and causes of action that can be argued against them.

The plaintiff may then file a summons along with a complaint. The complaint details the damages caused by the defendant's or his inaction. It typically includes a request for compensation for medical expenses as well as lost income, suffering and other damages that result from their injury.

The defendant then has 30 days to file a reply called an answer in which they either admit or deny the allegations in the complaint. They may also make an appeal or add a third-party defendant to the suit.

During the discovery phase in the discovery phase, both sides will exchange relevant information about their positions and the evidence they have in the case. This phase includes depositions (also called interrogatories) and written questions (also known as interrogatories) as well as requests for documents. This phase typically accounts for the majority of the lawsuit timeline. If there are settlement opportunities they will be made during this time. Otherwise the case will proceed to trial. During this time your lawyer will explain your side of the tale before a judge or jury and the defendant will defend themselves.

The Discovery Phase

Discovery is a formal stage that permits you and your legal team to share information with the other party and collect evidence. This can include witness testimony and details about your medical treatment, as well as evidence of the losses you've suffered. Your lawyer may also employ several different tools during discovery to help your case, such as interrogatories, documents requests and depositions. Interrogatories are written questions which require a response in writing and requests for documents require the submission of all relevant documents 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 since attorneys don't have to prove their case in court. Depositions are live conversations with witnesses. Your attorney can ask them questions about the incident while under oath. Their answers will be recorded and then transcribed.

Discovery may appear to be an uncomfortable, long and tedious process, but it is essential to gather the evidence required to win your injury claim. During your consultation for free, your attorney will be able to discuss the details of the discovery process. If you attempt to conceal an injury that is preexisting and has gotten worse due to a preexisting medical condition the information could be discovered during the process of discovery and your case could be thrown out.

The Negotiation Phase

Negotiating a settlement is the aim of the majority of injuries. This usually involves an exchange of information back and forth between your lawyer and the insurance company of the party responsible. 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 determine the best number to ask for your settlement and can then assist in negotiations.

The amount of damages, which includes medical bills, lost wages and future losses, is an aspect that is always changing. Your injuries may worsen over time, which may increase your future losses and decrease 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.

In many cases, insurance companies are trying to limit their payouts for claims by arguing against specific aspects of your case. This can delay settlement negotiations, but your lawyer has strategies to help you get through these difficulties and achieve the best possible outcome for your case. In injury attorney santa monica to reach an agreement can be a long process that can take months or even years. Negotiations can take months or even years based on many factors.

The Trial Phase

Most cases involving injuries are settled outside of court through settlement negotiations. If the resolution isn't reached the lawyer could decide to proceed to trial. It is a costly, time-consuming and stressful process. It also requires the jury to decide if the defendant should be held accountable for your injuries and how much money you should be awarded. Therefore, it is essential for your lawyer to thoroughly research your case prior to the trial to fully comprehend how you were injured and the severity of your injuries, the damages and expenses.

At this moment, your lawyer will summon witnesses and experts to testify, and present evidence of physical nature, such as documents, photographs, and medical reports. This is known as the "case-in-chief" phase. The defense attorney will then summon witnesses to testify and argue that the plaintiff shouldn't be awarded damages. The judge or jury decides on the evidence and arguments of both sides.





The judge will explain to jurors the legal standards that must be followed in order for them to decide whether to go in favor of the plaintiff or against the defendant. This is known as jury instruction. Each side then presents its closing arguments. If the jury is unable to reach a consensus and the judge decides to declare a mistrial. If you are not happy with the result of the trial, there could be an appeal available.