Injury Law 101

How Does an Injury Lawsuit Work?

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If you're suffering from an injury and considering filing a claim, you might think that the seemingly daunting process isn’t worth the hassle. 

After all, dealing with unfamiliar jargon, paperwork, and insurance companies can make an already stressful situation feel even more burdensome. Plus, the process of searching for an attorney to handle your claim and then potentially waiting years for a payout can make anyone want to pull their hair out. 

Unfortunately, time is not on your side since some states have a statute of limitations of just two years. This means if you wait too long, you forfeit your right to receive fair compensation for your injury.

But it doesn’t have to be scary. 

We’ll take a quick look at how an injury lawsuit works from start to finish so that you can effortlessly file your claim today.

The first step in a successful claim is to start your case off right with the folks at Injury.com. With our revolutionary website and app, you can file your claim in as little as three minutes. Backed by Morgan & Morgan, the largest personal injury law firm in the U.S., you can rest assured that your case is in good hands.

Once you submit your claim, the next step is to hire your attorney. At injury.com, we take the guesswork out of hiring an attorney and make your decision a snap by pairing you with a legal team that has expertise in your type of injury.

Next is the onboarding phase, where we’ll get to know you and a bit more about your case. We’ll dig deeper into the details of your case and review any relevant documents you may have. If you have insurance, try to have your insurance policy handy.

From there, we officially open your case and get to work requesting documents from third parties such as police reports and emergency room discharge forms. We’ll also work with your insurance company and the defendant’s insurance company to find out details about coverage and policy limits to get an idea of how much your claim is potentially worth. 

Once we have all the information and documents needed to make your case as strong as possible, we send what is known as a demand letter to the responsible party’s insurance company. This letter gives an overview of the facts of your case, the injuries you suffered, associated costs, and a “demand” for payment.

At this stage, the opposing party can accept the terms of the demand letter (this is known as settlement) or can counter-offer their own terms. If the parties are unable to reach an agreement, your claim will continue on to the litigation phase. At any point in the litigation phase, the parties can agree to settle as well. 

Bear in mind that an overwhelming majority of cases settle out of court!

If your case doesn’t settle and you begin the litigation phase, your claim will move through three distinct stages (unless it settles at some point). Let’s take a moment to demystify pleadings, discovery, and resolution.

Litigation

Pleadings

The first step in the litigation process is the pleadings stage. “Pleadings” is a fancy term for documents that attorneys send to each other and/or file with the court. 

The pleadings phase is when you file your lawsuit (stating your allegations) and any defenses you may have (counterclaims and defenses). You can think of this stage as the official start to your claim.

In pleadings, the language used and the accuracy of legal concepts is critical.  Don’t run the risk of trying this yourself and lose out on a potential award because of terminology misuses or typos!

At injury.com, we use our specialized knowledge and years of experience to create compelling pleadings that maximize your chance at the highest payout possible.

Discovery

Next, your claim moves on to the discovery phase.

The discovery step is just what it sounds like: a process where both the plaintiff and the defendant can "discover" facts and information from each other that are related to your claim. 

Typically, the discovery process includes:

  • Interrogatories (a written set of questions that you answer with the help of an attorney);
  • Depositions (live questioning by your attorney and the defendant's attorney); and
  • Document production (where you hand over requested documents).

Again, the discovery phase requires specialized knowledge, and plaintiffs often attempt this phase themselves, unknowingly reducing their chances of success. 

That's where Injury.com comes in. 
Our team of personal injury attorneys is backed by the largest law firm in the country, and we have the resources needed to get you paid fast.

Resolution

Once discovery is complete, your attorneys will meet with the defense in the resolution stage. 

First, they will decide whether to settle, meaning that one party compensates the other for their tangible or intangible damages. Many cases end in a settlement, but if yours doesn’t, the case will go to trial.

Suppose this happens. Both parties would argue their case before a judge and possibly a jury, who would ultimately determine whether the defendant is liable for your injuries. This process can take months or even years because of the overwhelmed court systems. 

However, whether your case settles or goes to trial, the experienced legal team at Injury.com will cover you each step of the way. We'll take care of the heavy lifting to maximize your chances of success. 

If the judge rules in your favor, the defendant will be ordered to pay damages to you. We make getting paid quick and painless so that you can receive your settlement with direct deposit. No more waiting weeks for a check in the mail.

About Injury.com

Bringing law into the 21st century, Injury.com is injury law made easy. Effortlessly file your claim, build your case, and get paid. All from your phone, without leaving your home. It's like having a personal injury firm in your pocket.