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Injury Litigation

Legally, it is the procedure that allows you to collect compensation for your injuries and losses. Your lawyer for injury will construct solid evidence in your case that includes eyewitness testimony, defendant statements and expert witness opinions.

Your lawyer will bring your lawsuit. After the defendant has responded to the lawsuit, the case will move into an investigation of facts, also known as discovery.

The Complaint

Before a lawsuit is filed, an injured party (plaintiff) must conduct pre-lawsuit discovery. This includes reviewing police accident reports and conducting informal discovery and identifying parties that could be liable and causes of action that may be filed against them.

After the plaintiff has completed this, they can start a summons as well as a complaint. The complaint outlines the harm caused by the defendant or his inaction. It typically contains a request to recover damages for the victim's injuries including medical bills loss of wages or income, as well as pain and other damages.

The defendant has 30 days to respond, referred to as an answer. In this response, the defendant is able to accept or deny the allegations made in the complaint. They can also include third party defendants or make counterclaims.

During the discovery stage the parties will exchange relevant information regarding their positions and evidence. This typically includes depositions, written questions (called interrogatories), and requests for documents. This phase typically accounts for the majority of the lawsuit timeline. If there are settlement options these will occur during this period. The case will then proceed to trial if there is no settlement. During this time your attorney will be able to give your case to a judge or jury 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 collect evidence. This could include witness statements, information regarding your medical treatment, as well as proof of the damages that you have suffered. Your attorney may also employ different tools during discovery to help your case, including interrogatories, requests for documents and depositions. Requests for documents are requests to provide all relevant documents that is within the respective parties' control. Interrogatories require written responses. 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 do not need to prove the facts during trial. Depositions are live interviews with witnesses, where your attorney can ask them questions about the incident while under oath. Their answers will be recorded and transcribing.

While injury attorney palatine may appear to be an lengthy, intrusive and uncomfortable process but it's a crucial step to gather the evidence needed for winning your injury case. During your free consultation with your attorney, you can discuss the specifics of the discovery process. For instance, if you try to hide a prior condition that has aggravated your injury, this information could be discovered during the discovery process and removed from your case.

The Negotiation Phase

Reaching a negotiated settlement is the main goal of many lawsuits involving injuries. The process for achieving this goal is usually an exchange of information between your lawyer and the responsible party's 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 choose the appropriate number to demand your settlement and then assist in negotiations.

One of the issues with the process of settling an injury case is that the amount you are owed - including your medical bills as well as lost income and future losses - can be a volatile aspect. Your injuries can get worse over time, which may increase your losses in the future and decrease the amount of your current losses. Your attorney will ensure that your damages are calculated based on your current injuries and your prognosis for 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 to assist you in overcoming these obstacles and get the best possible result for your case. In some cases the process of negotiating an agreement can take months or even years. There are many factors that affect the length of time settlement negotiations take, but knowing what to expect will make the process less stressful and more efficient for you.

The Trial Phase

Most cases involving injuries are resolved outside of court through settlement negotiations. However, if the resolution isn't reached the lawyer could decide to take the case to trial. It is a costly, time-consuming and stressful process. The jury will also have to decide if you should be compensated for your injuries and if so, how much. It is therefore crucial for your lawyer to thoroughly investigate your case at this stage to fully comprehend the nature of your injuries, the extent of your injuries, the damages and costs.

At this moment, your lawyer will call witnesses and experts to testify, and present evidence of physical nature, such as documents, photographs and medical reports. This is the "case-in-chief" phase. The defense attorney will call witnesses to testify and argue why the plaintiff should not be awarded damages. The jury or judge will then look at the evidence and arguments made by both parties.

The judge will explain to the jury the legal requirements which must be met in order for them to make a decision in favor of plaintiffs or against defendants. This is known as jury instruction. Following that, each side will present their closing arguments. If the jury is not able to agree on a verdict, the judge will declare the trial a mistrial. If you are not happy with the result of the trial, there could be an appeal option.