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Injury Litigation

Legally, it is the process that allows you to recover compensation for your injuries and losses. Your injury lawyer will use strong evidence to prove your case. This includes eyewitness testimony from witnesses, medical records as well as the statements of the defendant and expert witness opinions.

Your lawyer will then file your lawsuit. If the defendant does not respond and the case is moved to an investigation stage, also known as discovery.

The Complaint

Before a lawsuit is filed the person who has been injured (plaintiff) must conduct a an investigation prior to filing a lawsuit. This involves reviewing police accident reports as well as conducting informal discovery and identifying potentially liable parties and the possible causes of action that could be filed against them.

After the plaintiff has completed this, they are able to submit a summons and a complaint. The complaint identifies who is the party that is being sued and describes the harm caused by the defendant's actions or inaction. It usually includes a request for damages for the victim's injuries, including medical bills as well as lost wages or income, as well as pain and other damages.

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

During the discovery phase during the discovery phase, both parties will share relevant information regarding their positions and evidence. This process includes depositions (also known as interrogatories) as well as written questions (also known as interrogatories) and requests for documents. This process usually occupies most of the time for the lawsuit. If there are settlement options they will be made during this period. The case will then proceed to trial if there's no settlement. In this time the attorney will present your story before a judge or jury and the defendant will defend themselves.

The Discovery Phase

The discovery phase is a formal process that permits your legal team and the party at fault to exchange information and collect evidence. This may include witness statements, specifics about your medical treatment and proof of the expenses you have incurred. Your attorney may use a variety tools to help you during discovery, including interrogatories and requests for documents. Requests for documentation are requests to provide all relevant documentation that are within each party's control. Interrogatories require written responses. Requests for admission are written letters to the other party, asking them to accept certain facts. This can cut down on time and money since attorneys don't have to prove their case in court. Depositions are live interviews of witnesses where your attorney can inquire about the incident under oath, and have their answers recorded and transcribed by a court reporter.

Discovery may appear to be an uncomfortable, long and intrusive process, but it's necessary to collect the evidence you need to win your injury claim. Your attorney will be capable of discussing the details of the discovery process with you during your complimentary consultation. If you try to hide an injury that is preexisting and has gotten worse due to a medical condition that was already present, this information may be discovered during the process of discovery and your case could be thrown out.

The Negotiation Phase

The negotiation of a settlement is the primary goal in most injuries. The process of achieving this goal typically involves 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 assist you in deciding on the number of settlements you would like to request and assist with negotiations.

One of the challenges of the process of settling a claim for injury is that the amount you are owed which includes medical bills or lost income as well as future losses - can be a volatile aspect. Your injuries can get worse over time. This could increase future losses or decrease the value of your current losses. Your attorney will ensure that your damages are determined based on your current injuries as well as the probability of future recovery.


In many cases, insurance companies are trying to limit their payout for claims by challenging certain elements of your case. This can cause delays in settlement negotiations, but your lawyer has strategies to help you overcome these difficulties and achieve the most favorable outcome for your case. In some cases the process of negotiating an agreement could be lengthy, sometimes even for years. Negotiations can take several months or even years, depending on a variety of factors.

The Trial Phase

Most injury cases are settled outside of court through settlement negotiations. However, if injury law firm south gate is not reached your lawyer could decide to take the case to trial. This can be a costly, time-consuming and stressful process. The jury will also have to decide if you are compensated for your injuries, and If so, what amount. It is crucial for your lawyer to conduct a thorough investigation of your case in this phase to fully understand the nature of your injuries and the severity of your injuries, the damages and expenses.

Your attorney will now call witnesses and experts and present physical evidence, including photographs documents, medical reports. This is known as the case-in-chief phase. The defense attorney will call witnesses to testify in defense and argue that plaintiffs should not be awarded damages. The jury or judge will then look at the evidence and arguments offered by both parties.

The judge will explain to the jury the legal requirements that must be followed in order for them to decide whether to go in favor of plaintiffs or against defendants. This is referred to as jury instruction. Each side then gives its closing arguments. If the jury is unable to agree on a verdict then the judge declares a mistrial. In some rare instances, an appeal may be available if not satisfied with the result of your trial.

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