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4 Dirty Little Secrets About Injury Litigation Industry Injury Litigation Industry
Injury Litigation

Legally, it is a procedure through which you can get compensation for your injuries and losses. Your lawyer will create solid evidence in your case by utilizing eyewitness testimony, medical documentation in the form of defendant statements, expert witness opinions.

Your lawyer will begin the process of filing your lawsuit. Once the defendant has responded to the lawsuit, the case will move into an investigation of facts, also known as discovery.

The Complaint

Before a lawsuit can be filed, an injured party (plaintiff) must conduct pre-lawsuit discovery. This involves reading the police accident reports, conducting informal discovery and identifying potential responsible parties.

Once the plaintiff has done this, they are able to submit a summons and a complaint. The complaint is a formal declaration of the party who is being sued, and describes the harm that was caused by the defendant's actions or inaction. It usually includes a request for compensation for the victim's medical bills as well as lost income, pain and suffering, and other damages related to their injury.

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

During the discovery stage in the discovery stage, both parties exchange pertinent information about their positions and the evidence. This usually involves depositions, written questions (called interrogatories), and requests for documents. This usually accounts for the major portion of the litigation timeline. If settlement opportunities are available, they will take place during this time. In the event that there is no settlement the case will go to trial. In this instance the attorney will give your case to a judge or jury and the defendant will put on their defense.

The Discovery Phase

Discovery is a formal process that allows you and your legal team to exchange information with the other party and collect evidence. This can include witness testimony and details about your medical treatment, as well as evidence of losses you've suffered. Your attorney can use several tools to help you during discovery, including interrogatories as well as 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 require the other party to admit certain facts. This can reduce time and cost since the attorneys do not have to prove these uncontested facts at trial. Depositions are live, in-person interviews with witnesses, during which your attorney can ask them questions about the incident while under the oath. Their answers will be recorded and transcribing.

Discovery can 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 in a position to discuss the details of the discovery process with you during your free consultation. For instance, if you try to hide a prior condition that your injury worsened it could be discovered in the process of discovery and then thrown out of your case.

The Negotiation Phase

The negotiation of a settlement is the primary goal in most injuries. The process typically involves an exchange of back-and forth between your lawyer and 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 in deciding on the amount of settlement that you want to negotiate and help in negotiations.

The amount of damages, such as medical bills, lost wages, and future losses, is a factor that is dynamic. The severity of your injuries could increase over time, which may increase your future losses, and reduce the value of your current losses. Your attorney will ensure that your damages are determined based upon your current injuries and the likelihood of future recovery.

Insurance companies typically attempt to limit the amount they pay by arguing against certain aspects of your claim. This can delay settlement negotiations but your lawyer will have strategies to help you overcome these obstacles and get the best possible outcome for your case. Negotiating an agreement can sometimes take months or years. Negotiations can last for months or even years depending on many different factors.

The Trial Phase

While most injury cases are resolved through settlement talks outside of court, your attorney may decide to bring your case to trial if a satisfactory solution is not reached. This can be a difficult, expensive and time-consuming process. The jury must also decide if you should be compensated for your injuries and, should they, if so, in what amount. It is therefore important for your lawyer to conduct a thorough investigation of your case at this stage to fully understand the way you were injured and the severity of your injuries, the damages and expenses.


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

The judge will explain to the jury the legal standards that must be met in order to make a decision in favor of plaintiffs or against defendants. This is referred to as jury instruction. Each side then makes its closing arguments. If the jury cannot reach an agreement on a decision, the judge will declare that the trial an unconstitutional trial. If injury lawsuit alexandria are not happy with the results of the trial, there could be an appeal to be made.

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