Are You Responsible For A Injury Litigation Budget? 10 Ways To Waste Your Money Injury Litigation

Injury litigation is a legal process by which you can recover compensation for your injuries and losses. Your injury lawyer will develop solid evidence for your case by utilizing eyewitness testimony, medical documentation in the form of defendant statements, expert witness opinions.

Your lawyer will then file your lawsuit. Once the defendant has responded, the case enters an inquiry stage known as discovery.

The Complaint

Before filing a lawsuit the person who was injured (plaintiff), must conduct an investigation prior to the filing of a lawsuit. This involves looking over police accident reports, conducting informal discovery and identifying potential at-fault parties.

After the plaintiff has completed this, they can start a summons as well as a complaint. The complaint identifies the party who is being sued, and describes the harm caused by the defendant's conduct or inaction. It usually includes a request to seek damages for the victim's injuries including medical bills loss of wages along with pain and suffering and other damages.

The defendant is then given 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 file a counterclaim or add a third-party defendant the suit.

During the discovery phase, both parties will exchange pertinent information about their positions and the evidence. This typically involves depositions written questions (called interrogatories), and requests for documents. This typically comprises the majority of the timeframe for a lawsuit. If there are settlement possibilities these will occur during this period. In the event that there is no settlement the case will proceed to trial. During this time your lawyer will explain your side to a jury or judge and the defendant will defend themselves.

The Discovery Phase

The discovery phase is a formal process that allows your legal team and the party at fault to exchange information and collect evidence. This could include witness testimony, details of your medical treatment and proof of losses you have suffered. Your attorney will have access to a variety of tools to aid you in discovery, including interrogatories and requests for documents. Requests for documents are essentially requests to supply all relevant documentation which is within each party's control. Interrogatories require written responses. Requests for admission require the other side to admit certain facts, which can save time and money as the attorneys do not have to prove the facts uncontested at trial. Depositions are live interviews of witnesses where your attorney is able to ask them questions about the incident under oath, and get their answers recorded and transcribing by a court reporter.

Discovery can be an uncomfortable, long and time-consuming process, however it's necessary to collect the evidence you need 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 complimentary consultation. For instance, if you try to hide a preexisting condition that your injury worsened it could be discovered during the discovery process and dismissed from your case.

The Negotiation Phase

Reaching a negotiated settlement is the aim of the majority of injuries. The process of reaching 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 help you in deciding the amount of settlements you wish to seek and assist with negotiations.


One of the issues with settling an injury claim is that the amount you are owed including medical expenses, lost income, and future losses - is a dynamic aspect. Your injuries can get worse over time, which could increase your future losses, and reduce the amount of your current losses. Your lawyer will ensure that your damages are dependent on the current condition of your injuries and a complete outlook for future recovery.

Insurance companies often attempt to limit their payout by challenging certain elements of your claim. This can result in delay in settlement negotiations. However your lawyer can provide strategies to assist you in overcoming these obstacles and achieve the best 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 many factors.

The Trial Phase

Most injury cases are resolved without court through settlement negotiations. However, if there is no resolution your lawyer could decide to proceed to trial. This is an expensive and time-consuming process that can be stressful. The jury must also decide if you should be paid for your injuries and should they, if so, in what amount. It is crucial for your lawyer to conduct thorough research on your case at this point to fully comprehend the nature of your injuries and the extent of your injuries, the damages and costs.

Your attorney will now summon witnesses and experts, and will present physical evidence, including photographs, documents, and medical reports. This is the "case-in-chief" phase. The defense attorney will summon witnesses to testify on behalf of a argument against the plaintiff and argue that the plaintiff should not be entitled to damages. The jury or judge weighs the arguments and evidence of both parties.

The judge will then go over the legal requirements that must be met in order for the jury to come up with a verdict for the plaintiff and against the defendant. This is referred to as jury instruction. After that, both sides present their closing arguments. If the jury cannot reach an agreement on a verdict, the judge will declare that the trial an unconstitutional trial. If injury law firm tacoma 're not satisfied with the result of your trial, there could be an appeal to be made.