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How Do Injury Lawsuits Work? Each injury is unique but the majority have a common pattern. The first step is getting immediate medical attention. This is crucial because some injuries, such as concussions might not present any obvious symptoms. Then, your lawyer will draft and send a settlement demand letter to the negligent party's insurance company. This will initiate the process of negotiation to settle your claim. The Complaint In a lawsuit, the complaint is the legal document that you (the plaintiff) describe how the defendant's actions or lack of action caused your injuries. The complaint also contains the demand for compensation that is a monetary amount you want to receive from the defendant for your damages. It also includes a demand 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 is in line with the regulations of the court that you will be litigating. This is especially true if your case could be challenged by the insurance company of the opposing party, which has lawyers who are experienced in handling such cases. The Complaint will be written 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 and it assures that the defendant gets the Complaint in its entirety along with your request for damages. Once the defendant receives a copy of the Complaint, they must respond within a specified time or risk being found in default of their obligation pay you. The defendant can respond by filing an official Answer to the Complaint or a Motion to dismiss or counterclaim. Both sides will share documents to prepare for trial. Your attorney will be required to gather evidence and information about the accident, your injuries, and your losses. One of the most important tools for your lawyer for injury during this stage is called a Request for Admission. Your lawyer will interview the defendant with a series of questions to confirm or deflect their answers under oath. This can be used to identify areas of the case that may need investigation, such as witness testimony or medical records. The Litigation Period In the majority of civil law nations there are laws called statutes of limitations. They stipulate that a lawsuit must be brought within a specified time after the injury or else the right to sue will be lost. This is commonly referred to as being “time barred.” The time period for filing a claim differs based on the nation and the type case. Most of them allow plaintiffs for a breach of contract or personal injury to file a lawsuit within a specified number of years from the event which caused injury. It can be difficult to determine the exact date of the statute of limitations when the clock begins to tick. It is based on the date of the harm, or the date that the damage is discovered. It could also be based on the date a court would decide that a person reasonable ought to have realized that they were injured. YouTube will begin counting down from the date on which the harm occurred or from the day that the injury was discovered by the plaintiff. A court may sometimes extend or toll the time limit in certain circumstances. For example when a doctor performs an operation on a patient, and then accidentally removes their spleen in the procedure, this could be considered medical negligence. The patient may be entitled to an extension of two years. The judge will decide on the basis of the evidence presented by the parties. The judge's decision will be a judgment in writing and will set out the facts which the judge deemed to be proven and the legal conclusions that flow from those facts. The judgment will also contain guidelines on who is accountable for what amount. The plaintiff is usually ordered to pay for the damages that are awarded, and the defendant to cover the costs of the trial. If the judge decides that the defendant is in fact at fault then the defendant could be ordered to pay the plaintiff's legal costs. Negotiation In the course of litigation parties will usually try to settle the case. This usually happens to save money on costs such as court fees as well as expert witnesses. This can also save you time and the stress that comes with going to court. The aim of settlement negotiations is to negotiate an amount that will cover all your losses, which includes medical expenses, lost wages and suffering. In the case of wrongful death it is possible to get compensation paid in the event of the loss of a deceased relative. Be aware that insurance companies will often try and underpay you. This is why it is important to employ a skilled personal injury lawyer, such as those at Salvi, Schostok & Pritchard P.C. and be on your side during this process. Negotiation is a non-binding, dispute resolution process that can take many forms. It can happen during the course of litigation or after a jury has reached the verdict of a trial. It is a process that happens at every level of society – both on an individual and a corporate level.