25 Surprising Facts About Injury Litigation

Injury Litigation

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

Your lawyer will bring your lawsuit. After the defendant has replied to your lawsuit, the case goes into the phase of fact-finding known as discovery.

The Complaint

Before the lawsuit can be filed, the injured person (plaintiff) must conduct pre-lawsuit discovery. This involves studying police accident reports, making informal discovery and identifying potential defendants.

The plaintiff is then able to file a summons with a complaint. The complaint details the damages caused by the defendant's or his actions. The typical complaint will include a demand to seek damages to compensate the victim for their injuries, including medical bills as well as 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 may acknowledge or deny the allegations made in the complaint. They may also make an appeal or add a third-party defendant to the suit.

During the discovery phase during the discovery phase, both sides will share pertinent information regarding their positions and the evidence they have in the case. This typically involves depositions written questions (called interrogatories), and requests for documents. This is typically the majority of the timeframe for a lawsuit. In this phase, if there are settlement opportunities they will be discussed. In the event that there is no settlement the case will proceed to trial. In this time your lawyer will present your story before a judge or jury and the defendant will defend themselves.

The Discovery Phase

Discovery is a formal process that permits you and your legal team to share information with the other party and gather evidence. This may include witness statements, information about your medical treatment and proof of the expenses you've suffered. Your attorney can utilize a variety of tools to help you during discovery, including interrogatories and requests for documents. Requests for documents are requests to provide all relevant documents that are within each party's control. Interrogatories require written responses. Requests for admission ask the other party to acknowledge certain facts. This can save time and money as lawyers do not have to prove these uncontested facts during trial. Depositions are live conversations with witnesses, where your attorney can ask them questions about the incident while under the oath. Their answers will be recorded and transcribing.

Although it may seem like a long process that is invasive, uncomfortable and tedious, it is a necessary step to gather the evidence required to win your case. Your attorney will be in a position to discuss the details of the discovery process with you during your free consultation. For instance, if attempt to conceal a preexisting health issue that caused your injury settlement to get worse, this information could be discovered in the process of discovery and dismissed from your case.

The Negotiation Phase

Reaching a negotiated settlement is the primary goal in most lawsuits involving injuries. The process to achieve this goal usually 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 assist you choose the appropriate number to demand your settlement, and then assist in negotiations.

The amount of damages, such as medical bills, lost wages and future losses, is an aspect that is dynamic. Your injuries can get worse over time. This could lead to a rise in future loss or reduce the value of current losses. Your lawyer will ensure that your damages are determined based on the severity of your injuries and your prognosis for future recovery.

Often insurance companies are trying to limit their payouts for claims by challenging certain elements of your case. This can result in a delay in settlement negotiations. However, your lawyer has strategies to help you overcome these obstacles to get the best outcome for your case. In some instances the process of negotiating an agreement could take months or even years. Many factors affect the length of time settlement negotiations last, but understanding what to expect will make the process less stressful and more effective for Injury litigation you.

The Trial Phase

Although the majority of injury cases are resolved through settlement negotiations, which are not in court, your lawyer may choose to take your case to trial if a satisfactory resolution is not reached. It is a stressful costly and time-consuming process. The jury also has to decide if the defendant should be held liable for your injuries, and what amount of compensation you should be awarded. Your lawyer should investigate your case to understand Injury litigation the circumstances of your injury case, as well as the severity of injuries, damages, and costs.

At this point, 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 for the reasons why the plaintiff should not be awarded damages. The judge or jury will then take into consideration the evidence and arguments put forward by both parties.

The judge will then outline the legal requirements that must be met in order for the jury to rule for the plaintiff and against the defendant. This is referred to as jury instruction. Each side then makes its closing arguments. If the jury cannot reach an agreement on a decision, 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 available.