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"Ask Me Anything:10 Responses To Your Questions About Injury Litigation
Injury Litigation

Legally, it is a process that allows you to recover compensation for your injuries and losses. Your injury lawyer will develop strong evidence for your case, including eyewitness testimony, medical records in the form of defendant statements, expert witness opinions.

Your lawyer will then begin to file your lawsuit. After the defendant has replied to the suit, it moves to the phase of fact-finding known as discovery.

The Complaint

Before the lawsuit can be filed, an injured person (plaintiff) must conduct pre-lawsuit discovery. This involves looking over the police accident reports, conducting informal discovery and identifying possible liable parties.

Once the plaintiff has done this, they are able to submit a summons and a complaint. The complaint details the damages caused by the defendant's or his inaction. It usually includes a request for compensation for the victim's medical bills loss of income, suffering and pain, as well as other damages that result from their injury.

The defendant will then have 30 days to file a response, known as an answer in which they acknowledge or deny the allegations in the complaint. They may also make counterclaims or add a third-party defendant to the suit.


During the discovery stage the parties will exchange relevant information regarding their positions and evidence. This involves depositions (also called interrogatories) as well as written questions (also called interrogatories) and requests for documents. This usually takes up most of the time for a lawsuit. If there are any settlement options they will be discussed. If not, the case will progress to trial. In this instance your lawyer will provide your perspective before a jury or judge and the defendant will take on their defense.

The Discovery Phase

Discovery is a formal process that allows you and your legal team to share information with the other party and gather evidence. This can include witness testimony, details of your medical treatment, as well as evidence of the losses you've suffered. Your attorney can utilize a variety of tools to assist you during discovery, including interrogatories and requests for documents. Interrogatories are questions that require a response written and requests for documents involve requesting all relevant documents that fall under the control of each party. Requests for admission ask the other party to accept certain facts. This could save time and money as lawyers do not have to prove the facts uncontested at trial. Depositions are live recordings of witnesses in which your attorney can inquire about the incident under oath and have their answers recorded and transcribing by a court reporter.

Although it may appear to be an lengthy process that is invasive, uncomfortable and tedious, it is a necessary step to gather the evidence required to win your injury claim. Your attorney will be able to discuss the specifics of the discovery process with you during your free consultation. For injury law firm ann arbor , if you try to hide a preexisting condition that has aggravated your injury and this information is discovered during the discovery process and then thrown out of your case.

The Negotiation Phase

Most cases of injury aim to settle a case through negotiations. The process to achieve this goal is usually a back-and-forth exchange 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 in deciding on the number of settlement you wish to seek and assist with negotiations.

One of the issues with the process of settling an injury case is that the amount of your damages (including medical bills as well as lost income and future losses - can be a volatile factor. Your injuries could get worse over time, which may increase your losses in the future and decrease the amount of your current losses. Your attorney will work to ensure that your damages are based on the current state of your injuries, and provide an accurate prediction of your future recovery.

Insurance companies often attempt to limit the amount they pay by disputing certain elements of your claim. This can lead to delays in settlement negotiations. However, your lawyer will have strategies to help you overcome these obstacles and achieve the best possible outcome for your case. Negotiating a settlement can be a lengthy process that can take months or years. Negotiations can last for months or even a whole year based on many factors.

The Trial Phase

The majority of injury cases are resolved without court through settlement negotiations. However, if an agreement is not reached the lawyer could decide to proceed to trial. This can be a costly lengthy and time-consuming procedure that can be stressful. The jury must also decide if you should be compensated for your injuries, and should they, if so, in what amount. It is crucial for your lawyer to conduct thorough research on your case in this phase to fully understand how you were injured, the extent of your injuries, the damages and costs.

Your attorney will then call witnesses and experts and present physical evidence, like photographs or documents as well as medical reports. This is the "case-in-chief" phase. The defense attorney will call witnesses to testify in rebuttal and argue that the plaintiff should not be awarded damages. The judge or jury considers the arguments and evidence of both sides.

The judge will explain to the jury the legal standards which must be met in order to decide in the favor of the plaintiff or against the defendant. This is referred to as jury instruction. Afterwards, each side makes their closing arguments. If the jury cannot reach an agreement on a final verdict, the judge will declare the trial a mistrial. In some rare instances an appeal could be available if you are not satisfied with the results of your trial.