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How Do Injury Lawsuits Work? While every injury is different, most have a common pattern. The first step is to get prompt medical attention. This is important because some injuries, such as concussions might not present any obvious symptoms. Your lawyer will prepare and send an insurance demand letter to the responsible party. This will begin the negotiation process for settling your claim. The Complaint In a lawsuit the complaint is the legal document that you (the plaintiff) write about the way in which the defendant's actions or inaction directly caused your injuries. The complaint includes a demand for relief which is the financial amount that you are seeking from the defendant as compensation for the damages you sustained. It also includes a demand for declaratory judgment and injunctive relief, as well as compensatory and actual damages (monetary) as well as costs, punitive damages and interest. It is a smart move to employ an injury lawyer to prepare your Complaint in order to ensure it complies with all rules of the court where you will be litigating. This is particularly true if you are involved in a case that could be challenged by the insurance company of the opposing company which has its own lawyers who are specialized in experience in handling such cases. The Complaint will be written and filed in the appropriate court. It will then be personally delivered to the person who caused the injury. This is called service of Process and guarantees that your Complaint is accompanied by your claim for damages. After the defendant has received a copy of the Complaint and is required to respond within a specific timeframe or risk being found to be in breach of their obligation to pay you. The defendant may respond by filing an official response to the Complaint, an Motion to Dismiss or counterclaim. When the defendant files their response to your Complaint After that, both sides will begin exchanging documents for pre-trial discovery. This is a crucial stage for your attorney to collect details and evidence regarding how the accident occurred and the extent of your injuries and the extent of your losses. A Request for Admission is one of the most effective tools your injury lawyer can use in this phase. You Tube will ask the defendant a series of questions to verify or deflect their answers under oath. This can be used to assist in identifying any areas 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 referred to as statutes of limitations. They stipulate that a lawsuit must be filed within a specific time period after the occurrence of an injury, or else the right of action will expire. This is often called “time barred.” The statute of limitations can differ based on the country of origin, as well as the type of case. Most of them allow plaintiffs who have suffered a breach of contract or personal injury to sue within a certain number of years of the incident that caused the 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 incident or the date the damage is discovered. It might be based on the date that a judge will consider a person to be reasonably could have realized that they were injured (such as when it's an undiagnosed mental condition or an illness that is not readily apparent). The clock will begin counting down from the day that the damage occurred or from the day when the damage should have been discovered by the plaintiff. A court can sometimes extend or impose a suspension on the statute of limitations in specific circumstances. For instance the case where a doctor is performing an operation on a patient, and then accidentally removes their spleen in the process, this would qualify as medical negligence. In this case, the patient could have an extended two-year limitation. The parties will present their cases to an impartial judge and the judge will then make an assessment on the basis of the evidence presented. The written decision will contain the facts that the judge has found to be true and the legal implications that result from the facts. The judgment will also contain guidelines regarding who is responsible for the amount. Typically the plaintiff will be required to pay for any damages awarded and the defendant will be ordered to pay for all costs associated with the trial. If the judge finds that the defendant is in fact at fault then the defendant could be ordered to pay the plaintiff's legal costs. Negotiation During the litigation process parties will usually try to settle a case. This is usually done to cut costs like court fees, expert witnesses, etc. It can also save time and stress of going to trial. The aim of settlement negotiations is to negotiate an amount that covers all losses, including medical bills, lost wages and suffering. In wrongful death claims, compensation can also be provided for the loss of a family member who has passed away. It is important to remember that the insurance company of the at-fault party is likely to lowball you and not pay you what you are due. This is why you should be able to count on a seasoned personal injury lawyer, such as those at Salvi, Schostok & Pritchard P.C., on your side during this procedure. Negotiation is a non-binding, dispute resolution procedure that can take a variety of forms. It may occur in the course of litigation or after a verdict is reached by a jury during a trial. It is a process that happens at all levels of society, both at an individual and corporate level.