25 Unexpected Facts About Injury Litigation

Injury Litigation

The legal procedure which allows you to claim compensation for your injuries and losses. Your injury attorney will build solid evidence for your case that includes eyewitness testimony, medical documents, defendant statements and expert witness opinions.

Your lawyer will then begin to file your lawsuit. After the defendant has replied, the case moves into a stage of fact-finding called discovery.

The Complaint

Before a lawsuit can be filed, the injured party (plaintiff) must conduct pre-lawsuit discovery. This includes reviewing police accident reports, making informal discovery and identifying potential liable parties.

The plaintiff then has the option of filing a summons along with a complaint. The complaint identifies who is the party that is being sued and exposes the harm caused by the defendant's conduct or inaction. The typical complaint will include a demand to seek damages for the victim's injuries, including medical bills loss of wages or income, as well as pain and other damages.

The defendant is then given 30 days to file a reply which is referred to as an answer, in which they admit or deny the allegations in the complaint. They may also file counterclaims or add a third-party defendant the suit.

During the discovery phase, both sides will exchange relevant information about their positions and the evidence in the case. This includes depositions (also called interrogatories), written questions (also called interrogatories) and requests for documents. This phase typically accounts for the most of the timeline for lawsuits. If there are settlement opportunities that are available, they will be negotiated during this period. If not the case will proceed to trial. In this instance, your attorney will provide your side of the story to a judge or jury and the defendant will put on their defense.

The Discovery Phase

Discovery is a formal procedure that permits you and your legal team to share information with the other party and gather evidence. This could include witness statements, specifics about your medical treatment and evidence of the losses you've incurred. Your attorney may also employ several different tools in discovery to help your case, including interrogatories, requests for documentation and depositions. Requests for documents are essentially requests to provide all relevant documentation that is under each party's control. Interrogatories require written responses. Requests for admission are written requests to the other party requesting them to accept certain facts. This could save time and money since the attorneys don't have to prove their case at trial. Depositions are live conversations with witnesses in which your attorney can ask them questions about the incident under oath, and have their answers recorded and transcribed by a court reporter.

While it might seem like a lengthy, intrusive and uncomfortable process but it is an essential step to gather the evidence you need to win your injury attorneys claim. During your free consultation your attorney will be able discuss the details of the discovery process. If you attempt to conceal a preexisting injury that worsened due to a preexisting medical condition This information could be found out during discovery and your case could be thrown out.

The Negotiation Phase

Negotiating a settlement is the aim of the majority of injury cases. The process for achieving this goal typically involves a back-and-forth exchange 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 choose the appropriate number to request for your settlement and can then assist in negotiations.

The amount of damages, such as medical bills, lost wages and future loss, is a factor that is dynamic. Your injuries could get worse over time. This could cause further losses or reduce the value of current losses. Your lawyer will ensure that damages are determined based upon your current injuries and your prognosis for the future recovery.

Insurance companies often try to limit their payout by disputing certain elements of your claim. This could result in a delay in settlement negotiations. However your lawyer can provide strategies to assist you in overcoming these hurdles and obtain the best possible result for your case. Negotiating an agreement can sometimes take a long time or even years. Numerous factors influence how long settlement negotiations will take, but knowing what to expect will make the process less stressful and more effective for you.

The Trial Phase

The majority of injury cases are settled outside of court through settlement negotiations. If there is no resolution, your lawyer may decide to bring the case to trial. This can be a stressful costly and time-consuming procedure. The jury also has to decide whether the defendant is accountable for your injuries, and what compensation you should be awarded. Your lawyer must thoroughly research your case to understand the circumstances of your injuries, the amount of injuries, damages, and the costs.

Your attorney will now summon witnesses and experts and present physical evidence, including photographs documents, medical reports. This is the "case-in-chief" phase. The defense attorney will summon witnesses to testify for rebuttal and argue that the plaintiff should not receive damages. The judge or injury attorney jury then considers the arguments and evidence of both sides.

The judge will explain to the jury the legal standards which must be met in order to decide in favor of plaintiff or injury attorney against defendant. This is referred to as jury instruction. Each side then presents its closing arguments. If the jury is not able to agree on a verdict the judge will declare that the trial is a mistrial. If you are not happy with the outcome of your trial, there might be an appeal to be made.