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Injury Litigation The legal procedure that allows you to collect compensation for your losses and injuries Your injury lawyer will develop solid evidence for your case including eyewitness testimony medical documents defendant statements and expert witness opinions Your lawyer will then file your lawsuit After the defendant responds then the case goes to an investigation stage also known as discovery The Complaint Before the lawsuit is filed an injured person plaintiff must conduct prelawsuit discovery This involves studying the police accident reports conducting informal discovery and identifying potential defendants Once the plaintiff has done this they can start a summons as well as a complaint The complaint details the damage caused by the defendants or his inaction It typically includes a demand for compensation for injuries suffered by the victim including medical bills lost wages as well as pain and suffering among other damages The defendant then has 30 days to file a reply known as an answer or answer in which they accept or deny the allegations in the complaint They can also include a third party defendant or make counterclaims During the discovery phase both sides will exchange pertinent information regarding their positions and the evidence they have in the case This usually includes depositions written questions called interrogatories and requests for documents This usually accounts for the most of the timeline for lawsuits In this phase if there are any settlement opportunities that are discussed they will be discussed Otherwise the case will proceed to trial In this instance your attorney will be able to provide your case to a judge or jury and the defendant will put on their defense The Discovery Phase The discovery phase is a formal procedure that allows your legal team and the atfault party to exchange information and collect evidence This can include witness statements details regarding your medical treatment and evidence of the losses youve incurred Your attorney can utilize a variety of tools to aid you in discovery such as interrogatories or requests for documents Requests for documentation 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 them to accept certain facts This can save time and money as the attorneys do not have to prove the facts at trial Depositions are live recordings of witnesses where the attorney can interview them about the incident under oath and get their answers recorded and transcribed by a court reporter While it might appear to be an lengthy intrusive and uncomfortable process but its a crucial step to gather the evidence necessary to win your injury claim Your lawyer will be capable of discussing the details of the discovery process in your free consultation If you attempt to conceal an injury that has already been aggravated due to a preexisting medical condition This information could be found out during discovery and your case could be thrown out The Negotiation Phase Most cases of injury aim to settle a case through negotiation The process to achieve this goal is usually an exchange of information between your lawyer and the responsible partys insurance company This may include informal conversationscorrespondence by phone in meetings by email where the parties trade offers and counteroffers Your lawyer can assist you in deciding on the number of settlement you wish to seek and assist with negotiations One of the challenges of settlement of an injury claim is that the amount of your damages including medical bills as well as lost income and future losses is an evolving aspect Your injuries could get worse over time which may increase your future losses and decrease the amount of your current losses Your lawyer will ensure that your damages are determined by the current state of your injuries as well as an accurate prediction of your future recovery In many cases insurance companies are trying to limit their payouts for claims by arguing against certain elements of your case This can prolong settlement negotiations but your lawyer will have strategies to help you get through these obstacles and get the most favorable outcome for your case In some instances the process of negotiating an agreement can be lengthy sometimes even for years Negotiations can take months or even a whole year based on various factors The Trial Phase Most injury cases are resolved without court through settlement negotiations However if the resolution isnt reached your lawyer could decide to go to trial injury lawsuit gary can be a stressful expensive and timeconsuming process The jury must also decide if you should be compensated for your injuries and if so how much Therefore it is essential for your lawyer to thoroughly research your case in this phase to fully comprehend how you were injured and the severity of your injuries damages and costs Your lawyer will now call witnesses and experts and present physical evidence like photographs documents medical reports This is the caseinchief phase The defense attorney will then call witnesses to testify in rebuttal and argue as to why the plaintiff should not be awarded damages The jury or judge decides on the evidence and arguments of both sides The judge will explain to the jury the legal standards that must be adhered to in order to decide whether to go in favor of plaintiffs or against defendants This is known as jury instruction Each side then makes its closing arguments If the jury cannot agree on a verdict the judge will declare the trial a mistrial If you are not happy with the result of your trial there may be an appeal option
