How To Outsmart Your Boss On Injury Litigation Injury Litigation

The legal procedure which allows you to claim compensation for your injuries and losses. Your lawyer for injury will construct solid evidence for your case, including eyewitness testimony, medical documents testimony of the defendant, expert witness opinions.

Your lawyer will then start the lawsuit. After the defendant has responded to the lawsuit, the case will move into a stage of fact-finding called discovery.

The Complaint

Before the lawsuit is filed, an injured party (plaintiff) must conduct pre-lawsuit discovery. This includes reading police accident reports, making informal discovery, and identifying potential responsible parties.

The plaintiff can then file a summons along with a complaint. The complaint outlines the harm caused by the defendant's actions or his inaction. It typically contains a request for compensation for the victim's medical bills and lost income, as well as suffering and pain, as well as other damages arising from their injury.

The defendant has 30 days to respond, which is also referred to as an answer. In this response, the defendant is able to admit or deny any claims made in the complaint. They may also file a counterclaim or add a third-party defendant to the suit.

During the discovery stage the parties will exchange relevant information regarding their positions and evidence. This phase includes depositions (also called interrogatories), written questions (also known as interrogatories) as well as requests for documents. This usually takes up most of the time for a lawsuit. If there are settlement possibilities they will be made during this period. Otherwise the case will proceed to trial. During this time the attorney will present your story to a jury or judge and the defendant will defend themselves.

The Discovery Phase

Discovery is a formal stage that permits you and your legal team to share information with the other party and collect evidence. This can include witness testimony or details of your medical treatment and proof of losses you have suffered. Your attorney will have access to a variety of tools to help you during discovery, such as interrogatories and requests for documents. Requests for documents are essentially requests to provide all relevant documents that are within each party's control. Interrogatories require written responses. Requests for admission require the other party to admit certain facts. This can reduce time and cost since the attorneys don't have to prove these undisputed facts during trial. Depositions are live interviews with witnesses, where your attorney can ask them questions regarding the incident under an oath. Their answers will be recorded and transcribed.

While discovery may appear to be an lengthy painful, invasive and uncomfortable process however, it is an essential step to gather the evidence needed to win your case. During your free consultation with your attorney, you can discuss the specifics of the discovery process. If you try to hide a preexisting injury that worsened due to a preexisting medical condition, this information may be discovered during discovery and your case could be dismissed.

The Negotiation Phase

Most cases of injury aim to settle the case through negotiation. The process typically involves an exchange of information back and to and back-and-forth between your lawyer as well as that of the insurance company of the party responsible. This may include informal conversations/correspondence (by phone, in meetings, by email) where the parties trade offers and counter-offers. Your lawyer can assist you decide on the number you want to ask for your settlement and then assist in negotiations.

The amount of damages, including medical bills, lost wages, and future losses, is a factor that changes. Your injuries may worsen over time, which could increase the amount of your future losses and reduce the amount of your current losses. Your lawyer will ensure that your damages are based on the current state of your injuries as well as a complete outlook for future recovery.

Most often insurance companies attempt to limit their payouts for claims by arguing against specific elements of your case. This could delay settlement negotiations however, your lawyer can provide strategies to help you overcome these difficulties and achieve the most favorable outcome for your case. Negotiating a settlement can take months or years. Numerous factors influence how long settlement negotiations will last, but understanding what to expect will make the process less stressful and more effective for you.

The Trial Phase


Most cases involving injuries are resolved without court through settlement negotiations. However, if there is no resolution the lawyer could decide to proceed to trial. This is a costly 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. Your lawyer must thoroughly research your case to determine the circumstances of your injuries, the severity of injuries, damages, and costs.

At injury claim mckinney , your attorney will call witnesses and experts to testify. They will also present evidence of physical nature, such as documents, photographs, and medical reports. This is known as the case-in chief phase. The defense attorney will call witnesses to testify as a counter argument, and argue that plaintiffs shouldn't be awarded damages. The judge or jury will then consider the evidence and arguments offered by both parties.

The judge will explain to the jury the legal standards which must be met in order to decide in the favor of plaintiff or against defendant. This is called jury instruction. After that, both sides present their closing arguments. If the jury cannot reach a decision and the judge declares a mistrial. In some cases appeals might be available if unhappy with the outcome of your trial.