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Injury Litigation

Injury litigation is the legal procedure that allows you to recover compensation for your injuries and losses. Your injury lawyer will develop solid evidence for your case including eyewitness testimony, medical records, defendant statements and expert witness opinions.

Your lawyer will then start the lawsuit. If the defendant does not respond then the case goes to a fact-finding stage called discovery.

The Complaint

Before filing a lawsuit, the injured person (plaintiff) must conduct a an investigation prior to the filing of a lawsuit. This involves looking over police accident reports, making informal discovery and identifying responsible parties.

The plaintiff is then able to file an order with a complaint. The complaint identifies the person who is being sued and exposes the harm caused by the defendant's actions or lack thereof. It typically contains a request to recover damages for injuries suffered by the victim, including medical bills, lost wages, pain and suffering and other damages.

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

During the discovery stage the parties will exchange relevant information regarding their positions and the evidence. This process includes depositions (also called interrogatories), written questions (also called interrogatories) as well as requests for documents. This typically comprises the majority of the lawsuit timeline. If there are settlement options that are available, they will be negotiated during this time. The case will then go to trial if there is no settlement. In this instance the attorney will give your argument to a judge or jury and the defendant will put 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 statements, specifics regarding your medical treatment, and proof of the losses you've incurred. Your attorney can use several tools to aid you in discovery, such as interrogatories or requests for documents. Interrogatories are written questions that require a response written and requests for documents involves requesting all relevant documentation under the control of the parties. Requests for admission are written requests to the other party, asking for their admission to certain facts. This can cut down on time and money as the attorneys don't have to prove their case at trial. Depositions are live recordings of witnesses where your attorney is able to interview them about the incident under oath, and get their answers recorded, and then transcribed by a court reporter.

Discovery may appear to be an uncomfortable, long and tedious process, but it's necessary to collect the evidence needed to be successful in your claim for compensation. Your attorney will be able to discuss the specifics of the discovery process in your free consultation. If you attempt to conceal an injury that was already present and aggravated due to a medical condition that was already present The information could be discovered during the process of discovery and your case could be dismissed.

The Negotiation Phase

The majority of injury cases seek to settle through negotiations. This usually involves a back and to and back-and-forth between your lawyer as well as 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 determine the best number to ask for your settlement and 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, lost income, and future losses - can be a volatile aspect. Your injuries can get worse over time. This could lead to a rise in future losses or decrease the value of your current losses. Your lawyer will ensure that damages are determined based upon your current injuries and your prognosis for future recovery.





A lot of times, insurance companies are trying to limit their payouts for claims by arguing against certain elements of your case. This could delay settlement negotiations however, your lawyer has strategies to help you get through these difficulties and achieve the best possible outcome for your case. The process of negotiating an agreement can be a lengthy process that can take months or years. Numerous factors influence how long settlement negotiations will be, but knowing what to expect can make the process less stressful and more effective for you.

The Trial Phase

While the majority of injuries cases are resolved through settlement talks outside of the courtroom, your attorney could decide to take your case to trial if a satisfactory resolution cannot be reached. It is a costly lengthy and time-consuming procedure that can be stressful. It also requires the jury to decide if the defendant should be held accountable for your injuries, and the amount you should receive. Your lawyer must thoroughly research your case to determine the circumstances surrounding your injuries, the amount of damages, injuries and costs.

At this moment, your lawyer will summon witnesses as well as experts to testify and present evidence of physical nature, such as photographs, documents and medical reports. This is referred to as the case-in­-chief phase. The defense attorney will call witnesses to testify on behalf of a defense, and argue that plaintiffs shouldn't be awarded damages. The judge or jury will then consider the evidence and arguments put forward by both parties.

The judge will explain to jurors the legal standards that must be met in order to decide whether to go in favor of the plaintiff or against the defendant. injury attorney erie is referred to as jury instruction. Following that, each side will present their closing arguments. If the jury cannot reach an agreement on a decision, the judge will declare that the trial a mistrial. In some rare cases, an appeal may be available if you are not satisfied with the outcome of your trial.