15 Top Injury Litigation Bloggers You Must Follow Injury Litigation

Injuries litigation is the legal procedure that allows you to recover compensation for your injuries and losses. The lawyer representing you will utilize strong evidence to support your case, such as eyewitness testimony from witnesses, medical records defense counsel's statements, defendant's testimony, and expert witness opinions.


Your lawyer will then submit your lawsuit. If the defendant does not respond then the case goes to an inquiry stage known as discovery.

The Complaint

Before a lawsuit is filed the person who suffered the injury (plaintiff), must conduct an investigation prior to filing a lawsuit. This includes reviewing police accident reports and conducting informal discovery and identifying parties that could be liable and the possible causes of action that can be filed against them.

Once the plaintiff has done this, they are able to file a summons and complaint. The complaint identifies who is the party who is being sued and describes the harm caused by the defendant's actions or inaction. It typically contains a request for compensation for medical bills and lost income, as well as suffering and pain, as well as other damages arising from their injury.

The defendant will then have 30 days to file a response which is referred to as an answer or answer, in which they accept or deny the allegations in the complaint. They may also include third party defendants or file an appeal.

During the discovery phase during the discovery phase, both sides will share pertinent information regarding their respective positions and evidence in the case. This usually involves depositions, written questions (called interrogatories) and requests for documents. This is usually the majority of the timeframe for the lawsuit. If there are settlement possibilities these will occur during this period. In the event that there is no settlement the case will go to trial. During this period the attorney will present your side before a judge or jury and the defendant will defend themselves.

The Discovery Phase

The discovery phase is a formal procedure that permits your legal team and the party at fault to exchange information and collect evidence. This can include witness testimony and details about your medical treatment, and evidence of losses you've suffered. Your attorney can utilize a variety of tools to help you during discovery, including interrogatories and requests for documents. Interrogatories are written queries which require a response in writing and requests for documents involves requesting all relevant documents under the control of each party. Requests for admission are written requests to the other party requesting them to admit certain facts. This could save time and money since the attorneys do not have to prove their case in court. Depositions are live interviews with witnesses, during which your attorney can ask them questions about the incident under oath. Their answers will be recorded and transcribed.

Discovery can be an uncomfortable, lengthy and time-consuming process, however it is necessary to gather the evidence you require to be successful in your claim for compensation. Your lawyer will be willing to go over the specifics of the discovery process with you during your free consultation. If you attempt to conceal a preexisting injury that worsened due to a medical condition that was already present the information could be discovered during the process of discovery and your case could be thrown out.

The Negotiation Phase

Most cases of injury aim to settle through negotiation. The process to achieve this goal is usually 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 in deciding the amount of settlements you wish to demand and then help in negotiations.

The amount of damages, including medical bills, lost wages, and future loss, is a factor that changes. Your injuries can get worse over time. This could lead to a rise in future losses or reduce the value of your current losses. Your attorney will work to ensure that your damages are based on the current state of your injuries, and provide an accurate prognosis for your future recovery.

In many cases insurance companies try to limit the amount they pay for claims by challenging certain aspects of your case. This can cause delays in settlement negotiations, but your lawyer has strategies to help you overcome these issues and get the best possible outcome for your case. In certain cases, the process of negotiating an agreement could be a long process that can take months or even years. injury law firm schaumburg influence how long settlement negotiations last, but understanding what to expect can make the process easier and more efficient for you.

The Trial Phase

While the majority of cases involving injuries are resolved through settlement negotiations outside of court, your attorney may choose to take your case to trial if an acceptable resolution is not attainable. This is a stressful lengthy, costly and expensive procedure. It also requires the jury to decide whether the defendant is held liable for your injuries and what compensation you should be awarded. Your lawyer must thoroughly research your case to determine the circumstances surrounding your injury, the extent of damages, injuries, and costs.

At this stage, your attorney will summon witnesses and experts to testify. They will also provide evidence in the form of documents, photographs and medical reports. This is known as the "case-in-chief" phase. The defense attorney will then summon witnesses to testify in rebuttal and argue why the plaintiff shouldn't be awarded damages. The judge or jury then considers the arguments and evidence of both parties.

The judge will explain to the jury the legal requirements that must be adhered to in order for them to decide in favor of plaintiffs or against defendants. This is referred to as jury instruction. Then, each side presents their closing arguments. If the jury is unable to agree on a decision, the judge will declare the trial an unconstitutional trial. In rare instances an appeal could be available in the event that you are unhappy with the outcome of your trial.