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4 Dirty Little Secrets About The Injury Litigation Industry
Injury Litigation

The legal process that allows you to collect compensation for your injuries and losses. Your injury lawyer will develop strong evidence in your case, including eyewitness testimony, medical records, defendant statements and expert witness opinions.

Your lawyer will file your lawsuit. If the defendant does not respond and the case is moved to the discovery phase, which is a process of finding facts.

The Complaint

Before a lawsuit is filed the person who suffered the injury (plaintiff), must conduct pre-lawsuit investigations. This involves studying the police accident reports, conducting informal discovery and identifying potential defendants.

After the plaintiff has completed this, they are able to make a complaint and summons. The complaint identifies who is the party who is being sued. It also describes the harm caused by the defendant's conduct or inaction. It typically contains a request for compensation for medical expenses and lost income, as well as suffering and pain, as well as other damages that result from their injuries.

The defendant has 30 days to respond, also known as an answer. In this response, the defendant is able to acknowledge or deny the allegations made in the complaint. They can also include third party defendants or make an appeal.

During the discovery stage in the discovery stage, both parties exchange pertinent information about their positions and the evidence. This process includes depositions (also known as interrogatories) and written questions (also called interrogatories) as well as requests for documents. This usually accounts for the majority of the lawsuit timeline. If there are settlement possibilities, they will take place during this time. In the event that there is no settlement the case will proceed to trial. During this time your attorney will be able to provide your case to a judge or jury and the defendant will put on their defense.

injury settlement pittsburgh is a formal procedure that allows your legal team and the party at fault to exchange information and collect evidence. This can include witness statements, information about your medical treatment and evidence of the losses that you have suffered. Your attorney will have access to a variety of tools to assist you during discovery, such as interrogatories or requests for documents. Requests for documents are the requests to provide all relevant documentation that are within each party's control. Interrogatories require written responses. Requests for admission require the other party to admit certain facts. This can save time and money as the attorneys do not have to prove the facts uncontested in court. Depositions are live discussions with witnesses. Your attorney can ask them questions about the incident under an oath. Their answers will be recorded and transcribed.

Although it may seem like a long process that is invasive, uncomfortable and tedious however, it is an essential step to gather the evidence necessary for winning your injury case. During your consultation for free, your attorney will be able to explain the details of the discovery process. If you try to hide an injury that was already present and aggravated due to a medical condition that was already present The information could be discovered during discovery and your case could be dismissed.

The Negotiation Phase

Reaching a negotiated settlement is the aim of the majority of injuries. The process typically involves a 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 in determining the amount of settlement you wish to negotiate and help with negotiations.

One of the difficulties of the process of settling a claim for injury is that the amount of your damages (including medical bills, lost income, and future losses - can be a volatile aspect. Your injuries could get worse as time passes, which could increase your future losses, and reduce the value of your current losses. Your lawyer will ensure that your damages are determined based on your current injuries as well as the probability of future recovery.


Insurance companies frequently try to limit their payout by arguing against certain aspects of your claim. This could result in a delay in settlement negotiations. However, your lawyer has strategies to assist you in overcoming these obstacles and get the best outcome for your case. In some instances, the process of negotiating an agreement can be lengthy, sometimes even for years. Negotiations can last for several months or even years, depending on many factors.

The Trial Phase

Most injury cases are resolved without court through settlement negotiations. However, if there is no resolution, your lawyer may decide to proceed to trial. This is a costly lengthy, time-consuming and stressful procedure. It also requires the jury to decide whether the defendant is held liable for your injuries and the amount you should be awarded. Your lawyer must thoroughly investigate your case to understand the circumstances of your injury, the extent of damages, injuries and costs.

Your attorney will now summon witnesses as well as experts and present physical evidence, including photographs, documents, and medical reports. This is known as the "case-in-chief" phase. The defense attorney will call witnesses to testify in argument against the plaintiff and argue that the plaintiff should not receive damages. The jury or judge will then consider the evidence and arguments offered by both sides.

The judge will then go over the legal standards to be met in order for the jury to find in favor of the plaintiff and against the defendant. This is called jury instruction. After that, both sides present their closing arguments. If the jury cannot reach an agreement on a verdict the judge will declare the trial an unconstitutional trial. In some rare instances appeals might be available if you're not satisfied with the results of your trial.

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