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20 Trailblazers Lead The Way In Injury Litigation
Injury Litigation

Injuries litigation is a legal process that allows you to claim compensation for your injuries and losses. Your lawyer will create solid evidence for your case by utilizing eyewitness testimony, medical documentation in the form of defendant statements, expert witness opinions.

Your lawyer will file your lawsuit. After the defendant has reacted to the suit, it moves to an investigation of facts, also known as discovery.

The Complaint

Before a lawsuit is filed the person who has been injured (plaintiff) must conduct a pre-lawsuit investigations. This involves looking over the police accident reports, conducting informal discovery and identifying liable parties.

The plaintiff can then file a summons along with a complaint. The complaint identifies the person who is being sued, and details the harm caused by the defendant's conduct or lack thereof. The typical complaint will include a demand for compensation for medical expenses, lost income, suffering and pain, and other damages related to their injuries.

The defendant has 30 days to respond, also known as an answer. In this response, the defendant has the option to acknowledge or deny the allegations made in the complaint. injury lawsuit vallejo may also make a counterclaim or add a third party defendant to the suit.

During the discovery phase where both sides exchange pertinent information regarding their positions and evidence in the case. This involves depositions (also called interrogatories) and written questions (also known as interrogatories) as well as requests for documents. This phase typically accounts for the majority of the lawsuit timeline. If there are settlement possibilities these will occur during this period. If not, the case will progress to trial. In this time your lawyer will present 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 gather evidence. It could include witness statements, details about your medical treatment and evidence of the losses that you have suffered. Your attorney can use several tools to assist you during discovery, including interrogatories and requests for documents. Requests for documents are requests to provide all relevant documents that is within the respective parties' control. Interrogatories require written responses. Requests for admission are written requests to the other side asking them to accept certain facts. This can cut down on time and money since attorneys do not have to prove the facts at trial. Depositions are live recordings of witnesses where your attorney is able to inquire about the incident under oath, and get their answers recorded and translated by a court reporter.

Discovery may seem like an uncomfortable, long and invasive process, but it is necessary to gather the evidence needed to be successful in your claim for compensation. During your free consultation with your attorney, you will be able to discuss the specifics of the discovery process. For instance, if attempt to conceal a preexisting condition that your injury worsened and this information is discovered in the process of discovery and dismissed from your case.

The Negotiation Phase

Most injury cases aim to reach a settlement through negotiation. The process of achieving 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 on the amount of settlement you wish to request and assist in negotiations.

One of the difficulties of settlement of an injury claim is that the amount of your damages - including your medical bills loss of income, future losses - is a constantly changing factor. Your injuries may get worse over time. This could result in a rise in future losses or decrease the value of current losses. Your attorney will work to ensure that your damages are in line with the current condition of your injuries as well as a full prognosis for future recovery.


Insurance companies typically attempt to limit their payout by arguing against certain aspects of your claim. This can delay settlement negotiations however, your lawyer can provide strategies to help you get through these difficulties and achieve the most favorable outcome for your case. In some instances, the process of negotiating an agreement could be lengthy, sometimes even for years. Negotiations can last for several months or even years, depending on various factors.

The Trial Phase

While the majority of injuries cases are resolved through settlement negotiations, which are not in court, your lawyer may decide to take your case to trial if an acceptable resolution is not attainable. This can be a difficult costly and time-consuming process. The jury will also have to decide if you are compensated for your injuries and should they, if so, in what amount. It is therefore important for your lawyer to conduct thorough research on your case in this phase to fully comprehend the extent of your injuries, the extent of your injuries, the damages and expenses.

Your lawyer will now call witnesses and experts and present physical evidence, like photographs or documents as well as medical reports. This is known as the "case-in-chief" phase. The defense attorney will call witnesses to testify as a rebuttal and argue that the plaintiff should not be entitled to damages. The judge or jury weighs the evidence and arguments of both parties.

The judge will explain to jurors the legal standards which must be met in order to decide whether to go in favor of the plaintiff or against the defendant. This is referred to as jury instruction. Afterwards, each side makes their closing arguments. If the jury is unable to reach a decision and the judge decides to declare a mistrial. In rare instances, an appeal may be available if you're unhappy with the outcome of your trial.

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