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4 Dirty Little Secrets About The Injury Litigation Industry
Injury Litigation

The legal process that allows you to recover compensation for your losses and injuries. Your lawyer will use strong evidence to prove your case, including eyewitness testimony from witnesses, medical records, defendant's statements, and expert witness opinions.

Your lawyer will then submit your lawsuit. After the defendant has reacted to the lawsuit, the case will move into the phase of fact-finding known as discovery.

The Complaint

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

After the plaintiff has completed this, they are able to make a complaint and summons. The complaint details the damage caused by the defendant or his actions. injury lawsuit sunnyvale contains a request to seek damages for the victim's injuries including medical bills, lost wages, pain and suffering and other damages.

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

During the discovery phase the parties will exchange relevant information regarding their positions and the evidence. This includes depositions (also called interrogatories) and written questions (also known as interrogatories) as well as requests for documents. This usually takes up most of the time for the lawsuit. In this stage, if there are any settlement opportunities they will be discussed. If not the case will go to trial. In this instance your attorney will be able to provide your side of the story before a jury or judge and the defendant will put on their defense.

The Discovery Phase

Discovery is a formal procedure that allows you and your legal team to exchange information with the other party and collect evidence. This may include witness statements, details about your medical treatment and proof of the losses that you have suffered. Your attorney can utilize a variety of tools to aid you in discovery, such as interrogatories and requests for documents. Interrogatories are questions which require a response in writing and requests for documents requires the submission of all relevant documents that fall under the control of each party. Requests for admission are written letters to the other party asking for them to acknowledge certain facts. This could save time and money since attorneys do not need to prove their claims in court. Depositions are recorded interviews with witnesses in which your attorney can ask them questions about the incident under oath. have their answers recorded, and then transcribed by a court reporter.

Discovery may appear to be an uncomfortable, lengthy and tedious process, but it is necessary to gather the evidence you require to be successful in your claim for compensation. Your attorney will be willing to go over the specifics of the discovery process with you during your no-cost consultation. For instance, if try to hide a prior health issue that caused your injury to get worse or aggravated, the information could be discovered in the process of discovery and thrown out of your case.

The Negotiation Phase

The negotiation of a settlement is the main goal of many injury cases. The process typically involves an exchange of information back and to and back-and-forth between your lawyer as well as that of the insurer of the party who is 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 you choose the appropriate number to request for your settlement, and then assist in negotiations.

The amount of damages, including medical bills, lost wages and future losses, is an aspect that changes. Your injuries can get worse over time. This could increase future loss or reduce the value of your current losses. Your attorney will work to ensure that your damages are determined by the current state of your injuries as well as an accurate prognosis for your future recovery.


Insurance companies often attempt to limit the amount they pay by arguing about certain aspects of your claim. This can delay settlement negotiations however, your lawyer has strategies to help you get through these obstacles and get the most favorable outcome for your case. Negotiating an agreement can sometimes be a lengthy process that can take months or years. Negotiations can last for months or even years depending on a variety of factors.

The Trial Phase

While the majority of injuries cases are resolved by settlement negotiations outside of the courtroom, your attorney might decide to take your case to trial if an acceptable solution is not reached. This is a stressful lengthy, costly and expensive process. The jury also has to decide whether the defendant should be held liable for your injuries, and what amount of compensation you should receive. Your lawyer should investigate your case to understand the circumstances of your injury, as well as the severity of damages, injuries and the costs.

At this point, your lawyer will summon witnesses and experts to testify, and provide evidence physical such as photographs, documents and medical reports. This is the "case-in-chief" phase. The defense attorney will summon witnesses to testify as a rebuttal and argue that plaintiffs should not be awarded damages. The judge or jury weighs the evidence and arguments of both sides.

The judge will explain to jurors the legal standards which must be met in order to make a decision in favor of plaintiff or against defendant. This is known as jury instruction. After that, both sides present their closing arguments. If the jury is unable to agree on a final verdict, the judge will declare that the trial is an unconstitutional trial. In some cases appeals may be available in the event that you are not satisfied with the outcome of your trial.

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