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How Do Injury Lawsuits Work? While every injury case differs, the majority follow a similar pattern. The first step is seeking medical assistance as soon as you can. This is crucial because some injuries, like concussions, might not present any obvious signs. Next, your lawyer will prepare and send an agreement demand letter to the responsible party's insurance company. This will begin the negotiation process to settle your claim. The Complaint The complaint is the legal document you (the plaintiff) will use to explain how the defendant’s actions or inaction directly led to your injuries. The complaint also contains the demand for compensation in the form of an amount of money you wish to receive from the defendant in exchange for your losses. The complaint also contains a request for declaratory judgment and injunctive relief, as well as compensatory and actual damages (monetary) and punitive damages, costs and interest. It is a good idea to employ an injury lawyer to write your Complaint to ensure that it adheres to all the rules of the court in which you are suing. This is especially true if you are involved in a case that could be challenged by the opposing party's insurance company that has its own lawyers who are specialized in experience handling such cases. Your Complaint will be prepared and filed with the appropriate court. Then, it will be personally delivered to the person who caused the injury. This is known as service of Process. You Tube ensures that your Complaint includes the demand for damages. The defendant must respond within a specified time period after receiving a copy your Complaint. Otherwise they could be found to be in breach of their obligations to you. The defendant may respond in the form of an official answer to the Complaint, an Motion to Dismiss or a counterclaim. Both sides will exchange documents to prepare for trial. This is a crucial stage for your attorney to collect information and evidence on how the accident happened and the severity of your injuries and the magnitude of your losses. One of the most important tools available to your injury lawyer in this phase is called a Request for admission. It is a set of questions your lawyer will request the defendant to answer or deny under the oath. This can be used to aid in identifying any aspects of the case that might require additional investigation, for example, witness testimony or medical documents. The Litigation Period In many civil law countries there are laws that are called statutes of limitation. They stipulate that a lawsuit must be filed within a specified time after an injury, or otherwise the right to sue will expire. This is sometimes referred to as “time barred.” The time limit for a lawsuit is different based on the country and the type case. However, the majority of them allow plaintiffs to sue for breach of contract or personal injury within a number of years following the event that caused the injury. When the clock begins to tick on the deadline it can be a bit confusing to know precisely when the deadline is. It will be based upon the date the injury was incurred or the date that the damage was discovered. It could also be based upon the date that a judge would decide that a person could reasonably have known they were harmed. The clock will begin to run from the day that the injury occurred or the day the plaintiff would have discovered the injury. A court can sometimes extend or toll the statute of limitations in special circumstances. For instance, if a doctor performs an operation on a patient, and then accidentally removes their spleen during the process, it would be considered medical negligence. The patient may be entitled to an extension of two years. The parties will present their case to an individual judge and the judge will take an informed decision based on the evidence presented. This written decision will include the facts the judge has determined to be true, as well as the legal conclusions that flow from them. The judgment will also contain guidelines on who is accountable for what amount. The plaintiff is typically ordered to pay for the damages paid, while the defendant is ordered to pay the costs of the trial. If the judge finds that the defendant is at fault, they may also be ordered to pay a lawyer's fees of a plaintiff. Negotiation During the litigation process parties will usually try to reach a settlement of the case. This usually happens to save money on costs such as court fees as well as expert witnesses. It can also save time and the anxiety of going to trial. The aim of settlement negotiations is to settle for an amount that covers all your losses, including medical bills, lost wages and pain and suffering. In the case of wrongful death, compensation can also be paid for the loss of a loved one who died. It is crucial to keep in mind that the insurance company of the at fault party will often try to lower your compensation and will not pay you what you are due. This is why you should employ a skilled personal injury lawyer, such as those at Salvi, Schostok & Pritchard P.C. On your side during this process. Negotiation is a non-binding, dispute resolution process that can take many forms. It can happen during trial or after a jury has come to a verdict in an investigation. It is a process that happens at all levels of society – at the individual and corporate level.