"Ask Me Anything," 10 Responses To Your Questions About Injury Litigation Injury Litigation

Injuries litigation is the legal procedure that allows you to collect compensation for your injuries and losses. Your injury lawyer will develop strong evidence in your case that includes eyewitness testimony, medical records as well as statements of the defendant and expert witness opinions.

Your lawyer will then begin to file your lawsuit. Once the defendant has responded to the lawsuit, the case moves to an investigation stage, also known as discovery.

The Complaint

Before a lawsuit can be filed, an injured person (plaintiff) must conduct pre-lawsuit discovery. This includes reviewing police accident reports, conducting informal discovery and identifying potential at-fault parties.

The plaintiff can then file an order with a complaint. The complaint details the damage caused by the defendant's action or his inaction. It typically includes a demand to recover damages to compensate the victim for their injuries, including medical bills as well as lost wages along with pain and suffering and other damages.

The defendant is then given 30 days to file a response called an answer, in which they admit or deny the allegations in the complaint. They may also make counterclaims 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 evidence in the case. This usually involves depositions, written questions (called interrogatories), and requests for documents. This is usually the majority of the timeline for an action. In this phase, if there are any settlement options that are discussed, they will be discussed. Otherwise the case will go to trial. In this time your lawyer will explain your story to a jury or judge and the defendant will defend themselves.

The Discovery Phase

Discovery is a formal procedure that permits you and your legal team to share information with the other party and gather evidence. This can include witness statements, information about your medical treatment as well as proof of the damages you have incurred. Your attorney can utilize a variety of tools to assist you during discovery, including interrogatories as well as requests for documents. Interrogatories are written questions which require a response in writing while requests for documents requires the submission of all relevant documents under the control of the parties. Requests for admissions require the other party to admit certain facts. This could save time and money as the attorneys don't have to prove these undisputed facts at trial. Depositions are live interviews with witnesses, during which your attorney can ask them questions regarding the incident under the oath. Their responses will be recorded and transcribed.


Discovery can be an uncomfortable, long and time-consuming process, however it is essential to gather the evidence you need to win your injury claim. During your consultation for free, your attorney can discuss the details of the discovery process. For instance, if you attempt to conceal a preexisting condition that your injury worsened, this information could be discovered during the discovery process and then thrown out of your case.

The Negotiation Phase

Negotiating a settlement is the aim of the majority of lawsuits involving injuries. This process usually involves a back and between your lawyer and that of the responsible party's insurer. 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 determining the amount of settlements you would like to negotiate and help in negotiations.

The amount of damages, which includes medical bills, lost wages, and future loss, is a factor that changes. Your injuries could get worse over time. This could cause further losses or reduce the value of your current losses. injury attorney new haven will work to ensure that your damages are dependent on the current condition of your injuries as well as a full prognosis for future recovery.

Often, insurance companies are trying to limit the amount they pay for claims by arguing against certain aspects of your case. This could delay settlement negotiations however, your lawyer has strategies to help you get through these challenges and reach the best possible outcome for your case. Negotiating an agreement may take months or years. There are many factors that affect the length of time settlement negotiations take, but knowing what to expect will make the process less stressful and more efficient for you.

The Trial Phase

While the majority of cases involving injuries are resolved through settlement talks outside of court, your attorney may decide to bring your case to trial if an acceptable resolution is not reached. It is a stressful, expensive and time-consuming procedure. The jury must also decide if you are compensated for your injuries, and in the event that they do, how much. Your lawyer must thoroughly investigate your case in order to understand the circumstances of your injuries, the amount of damages, injuries and costs.

At this moment, your lawyer will summon witnesses and experts to testify and present physical evidence such as photographs, documents and medical reports. This is known as the case-in chief phase. The defense attorney will then summon witnesses to testify and argue why the plaintiff shouldn't be awarded damages. The judge or jury will then take into consideration the evidence and arguments made by both parties.

The judge will explain to the jury the legal requirements that must be met in order to decide in the favor of the plaintiff or against the defendant. This is known as jury instruction. After that, both sides present their closing arguments. If the jury is unable reach a consensus, the judge will declare a mistrial. In rare instances appeals may be available if you're unhappy with the outcome of your trial.