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Injury Litigation

Injury litigation is a legal procedure through which you can recover compensation for your injuries and losses. Your injury lawyer will use strong evidence to prove your case, including eyewitness testimony, medical records defense counsel's statements, defendant's testimony, and expert witness opinions.

Your lawyer will then begin to file your lawsuit. Once the defendant has responded, the case enters the discovery phase, which is a process of finding facts.

The Complaint

Before a lawsuit is filed, an injured person (plaintiff) must conduct pre-lawsuit discovery. This includes studying police accident reports, making informal discovery and identifying potential defendants.


After the plaintiff has completed this, they can file a summons and complaint. The complaint describes the harm caused by the defendant's or his inaction. It typically includes a demand for damages for injuries suffered by the victim, including medical bills and lost wages, pain and suffering and other damages.

The defendant is then given 30 days to file a reply which is referred to as an answer or answer, in which they accept or deny the allegations made in the complaint. injury lawyer washington can also add an additional defendant from a third party or make a counterclaim.

During the discovery phase, both parties will exchange pertinent information about their positions and evidence. This involves depositions (also called interrogatories) as well as written questions (also called interrogatories), as well as requests for documents. This process usually occupies most of the time for a lawsuit. During this phase, if there are any settlement options they will be discussed. Otherwise, the case will progress to trial. During this period the attorney will provide your side of the story to a judge or jury and the defendant will put on their defense.

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 testimony and details about your medical treatment and proof of losses you have suffered. Your attorney may use a variety tools to help you during discovery, such as interrogatories and requests for documents. Interrogatories are written inquiries that require a response written and requests for documents require the submission of all relevant documents under the control of the parties. Requests for admission are written demands to the other side asking them to accept certain facts. This will save time and money since the attorneys don't need to prove the facts during trial. Depositions are live conversations with witnesses where your attorney can interview them about the incident under oath, and have their answers recorded and transcribing by a court reporter.

Discovery can be an uncomfortable, lengthy and intrusive process, but it is essential to collect the evidence required to prove your injury claim. Your lawyer will be in a position to discuss the details of the discovery process with you during your no-cost consultation. If you attempt to conceal a preexisting injury that worsened due to a preexisting medical condition The information could be discovered during discovery and your case could be dismissed.

The Negotiation Phase

The negotiation of a settlement is the aim of the majority of lawsuits involving injuries. The process of achieving this goal typically involves an exchange of information 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 you decide on the number you want to demand your settlement and can then assist in negotiations.

The amount of damages, which includes medical bills, lost wages, and future losses, is a variable that is always changing. Your injuries may get worse over time. This could cause further loss or reduce the value of current losses. Your lawyer will ensure that damages are calculated based on your current injuries and the likelihood of the future recovery.

In many cases insurance companies try to limit their payout for claims by arguing against some elements of your case. This could result in delay in settlement negotiations. However, your lawyer has strategies to help you overcome these obstacles and achieve the best possible outcome for your case. The process of negotiating an agreement can take months or even years. Negotiations can take several months or even years, depending on many different factors.

The Trial Phase

While the majority of injuries cases are resolved by settlement negotiations outside of the courtroom, your attorney could decide to take your case to trial if a fair resolution is not attainable. It is a stressful long, expensive and costly procedure. The jury will also have to decide if you are paid for your injuries and should they, if so, in what amount. Your lawyer should thoroughly investigate your case to understand the circumstances of your injuries, the severity of injuries, damages, and the costs.

At this stage, your attorney will summon witnesses and experts to testify, and provide evidence in the form of documents, photographs and medical reports. This is referred to 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 take into consideration the evidence and arguments offered by both parties.

The judge will explain to the jury the legal requirements which must be met in order to decide in favor of plaintiff or against defendant. This is called jury instruction. Each side then makes its closing arguments. If the jury is unable reach a decision and the judge decides to declare a mistrial. If you are not happy with the outcome of your trial, there could be an appeal option.

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