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Injury Litigation Injury litigation is the legal procedure which allows you to claim compensation for your losses and injuries Your lawyer will create solid evidence in your case including eyewitness testimony as well as statements of the defendant and expert witness opinions Your lawyer will then file your lawsuit After the defendant has reacted to the suit it moves to the stage of factfinding which is known as discovery The Complaint Before a lawsuit can be filed an injured person plaintiff must conduct prelawsuit discovery This involves reviewing police accident reports making informal discovery and identifying potential defendants Once the plaintiff has done this they can submit a summons and a complaint The complaint details the damages caused by the defendants or his inaction It typically includes a demand to seek damages for injuries suffered by the victim including medical bills as well as lost wages along with pain and suffering and other damages The defendant will then have 30 days to file a response or answer in which they admit or deny the allegations contained in the complaint They can also file a counterclaim or add a thirdparty defendant the suit During the discovery stage the parties will exchange relevant information regarding their positions and the evidence This phase includes depositions also known as interrogatories as well as written questions also known as interrogatories as well as requests for documents This process usually occupies the majority of the timeframe for the lawsuit If there are settlement opportunities these will occur during this period The case will go to trial if there is no settlement In this time your attorney will tell your side 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 exchange information with the other party and gather evidence This can include witness statements details regarding your medical treatment and proof of the expenses youve incurred Your attorney can utilize a variety of tools to help you during discovery such as interrogatories or requests for documents Interrogatories are questions that require a written response and requests for documents require the submission of all relevant documents that fall under the control of each party injury law firm cicero for admissions require the other party to admit certain facts This could save time and money since lawyers do not have to prove the facts uncontested at trial Depositions are live interviews of witnesses where your attorney is able to inquire about the incident under oath have their answers recorded and then transcribed by a court reporter Although it may appear to be a long painful invasive and uncomfortable process but it is an essential step to gather the evidence necessary to win your injury claim Your lawyer will be in a position to discuss the details of the discovery process with you during your free consultation If you try to hide an injury that has already been aggravated due to a preexisting medical condition This information could be discovered during the process of discovery and your case could be thrown out The Negotiation Phase Negotiating a settlement is the main goal of many injury cases The process to achieve this goal usually involves a backandforth exchange between your lawyer and the insurance company This may include informal conversationscorrespondence by phone in meetings by email where the parties trade offers and counteroffers Your lawyer can assist in determining the amount of settlement that you want to seek and assist with negotiations One of the issues with the process of settling an injury case is that the amount of your damages including medical bills as well as lost income and future losses can be a volatile factor Your injuries may get worse over time This could result in a rise in future losses or diminish the value of current losses Your lawyer will ensure that damages are determined based upon your current injuries and the likelihood of the future recovery Insurance companies often attempt to limit their payout by arguing against certain aspects of your claim This can delay settlement negotiations however your lawyer can provide strategies to help you navigate these difficulties and achieve the most favorable outcome for your case In certain cases the process of negotiating an agreement could take months or even years There are many factors that affect how long settlement negotiations last but understanding what to expect can make the process easier and more efficient for you The Trial Phase Most cases of injury are resolved without court through settlement negotiations If a resolution is not reached your lawyer could decide to bring the case to trial This can be a costly and timeconsuming process that can be stressful The jury will also have to decide if you are compensated for your injuries and should they if so in what amount Your lawyer should thoroughly investigate your case in order to understand the circumstances surrounding your injury as well as the severity of damages injuries and the costs At this point your attorney will summon witnesses and experts to testify and provide evidence in the form of documents photographs and medical reports This is the caseinchief phase The defense attorney will then call witnesses to testify in rebuttal and argue that the plaintiff should not be awarded damages The jury or judge decides on the arguments and evidence of both parties The judge will then explain the legal standards that must be met for the jury to decide in favor of the plaintiff and against the defendant This is referred to as jury instruction Then each side presents their closing arguments If the jury fails to agree on a verdict and the judge decides to declare a mistrial In rare instances an appeal may be available if not satisfied with the outcome of your trial
