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Where Is Injury Litigation Be One Year From Right Now?
Injury Litigation

The process of suing for injury is a legal process by which you can claim compensation for your injuries and losses. The lawyer representing you will utilize strong evidence to prove your case, including eyewitness testimony, medical records in the form of statements from the defendant, as well as expert witness opinions.

Your lawyer will then begin to file your lawsuit. After the defendant has responded, the case moves into the stage of fact-finding, which is known as discovery.

The Complaint

Before a lawsuit is filed, an injured person (plaintiff) must conduct pre-lawsuit discovery. This involves reading police accident reports, making informal discovery and identifying potential liable parties.

Once the plaintiff has done this, they can start a summons as well as a complaint. The complaint outlines the harm caused by the defendant's or his actions. It typically contains a request to recover damages for injuries suffered by the victim, including medical bills loss of wages, pain and suffering and other damages.

The defendant then has 30 days to file a reply which is referred to as an answer or answer, in which they accept or deny the allegations contained in the complaint. They can also include an additional defendant, or file a counterclaim.

During the discovery phase where both sides exchange pertinent information regarding their positions and the evidence they have in the case. This usually involves depositions, written questions (called interrogatories), and requests for documents. This is usually most of the time for the lawsuit. During this phase, if there are any settlement opportunities they will be discussed. Otherwise injury lawyer waukegan will proceed to trial. In this time your lawyer will present your side of the story to a jury or judge and the defendant will defend themselves.

The Discovery Phase

The discovery phase is a formal procedure that permits your legal team and the at-fault party to exchange information and collect evidence. This can include witness statements, details regarding your medical treatment, and evidence of the losses that you have suffered. Your lawyer may also employ various tools during discovery to assist your case, including interrogatories, requests for documents and depositions. Interrogatories are questions that require a written response and requests for documents requires the submission of all relevant documents that fall under the control of each party. Requests for admissions require the other side to admit certain facts, which can save time and money as attorneys do not need to prove these facts at trial. Depositions are live recordings of witnesses in which your attorney can interview them about the incident under oath. They will get their answers recorded and transcribed by a court reporter.

Although discovery can appear to be an lengthy painful, invasive and uncomfortable process but it's a crucial step to gather the evidence necessary for winning your injury case. During your consultation for free with your attorney, you will be able to explain the specifics of the discovery process. For instance, if you try to hide a preexisting condition that has caused your injury to worsen, this information could be discovered in the process of discovery and removed from your case.

The Negotiation Phase

The negotiation of a settlement is the aim of the majority of lawsuits involving injuries. The process of reaching this goal is usually an exchange of information between your lawyer and the responsible party's 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 on the number of settlements you would like to demand and then help in negotiations.

One of the difficulties of the process of settling an injury case is that the amount you are owed (including medical bills as well as lost income and future losses - is a constantly changing aspect. Your injuries could get worse over time, which may increase the amount of your future losses and reduce the value of your current losses. Your attorney will work to ensure that your damages are dependent on the current condition of your injuries as well as an accurate prediction of your future recovery.


In many cases insurance companies try to limit their payout for claims by arguing against some aspects of your case. This can cause delays in settlement negotiations however, your lawyer can provide strategies to help you overcome these issues and get the most favorable outcome for your case. In certain cases negotiations to reach an agreement can take months or even years. Negotiations can last for months or even years depending on a variety of factors.

The Trial Phase

Most injury cases are resolved without court through settlement negotiations. However, if the resolution isn't reached your lawyer could decide to take the case to trial. This can be a stressful long, expensive and costly procedure. The jury must also decide if you are compensated for your injuries, and if so, how much. It is therefore important for your lawyer to thoroughly investigate your case prior to the trial to fully understand the way you were injured and the severity of your injuries, damages and costs.

Your attorney will now call witnesses and experts, and will present physical evidence, such as photos, documents, and medical reports. This is known as the "case-in-chief" phase. The defense attorney will then summon witnesses to testify in rebuttal and argue for the reasons why the plaintiff shouldn't be awarded damages. The jury or judge will then take into consideration the evidence and arguments put forward by both sides.

The judge will then go over the legal requirements that must be met for the jury to rule for the plaintiff and against the defendant. This is known as jury instruction. Each side then makes its closing arguments. If the jury cannot agree on a final verdict, the judge will declare the trial a mistrial. In some rare instances an appeal could be available if you are unhappy with the outcome of your trial.

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