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How Do Injury Lawsuits Work? While every injury is unique, the majority of cases have a common pattern. The first step is seeking medical treatment as soon as it is possible. It is essential to seek medical attention as soon as you can because some injuries like concussions may not show any symptoms. Your lawyer will prepare and mail an agreement demand letter to the responsible party's insurance company. This will begin the process of negotiation to settle your claim. The Complaint The complaint is the legal document you (the plaintiff), use to describe the manner in which the defendant's actions, or inaction directly led to your injuries. The complaint also includes the demand for relief, which is the monetary amount you seek from the defendant to compensate for the damages you sustained. It also includes a demand for declaratory judgment or injunctive relief, compensation and actual damages (monetary) and costs, punitive damages and interest. It is a smart idea to hire an injury lawyer to draft your Complaint to ensure that it adheres to all the rules of the court in which you are suing. This is particularly true in the event that your case is challenged by the insurance company of the opposing party, which has lawyers who are experienced in handling these cases. Your Complaint will be prepared and filed with the appropriate court. It will then be personally delivered to the person who caused the injury. This process is called service of process and it assures that the defendant gets your Complaint along with your request for damages. The defendant must respond within a specified time frame after receiving a copy of your Complaint. If they don't they could be found to be in breach of their obligation to you. The defendant can respond in the form of an official Answer to the Complaint or a Motion to dismiss or counterclaim. Both parties will exchange documents to prepare for trial. Your attorney will need to gather evidence and information about the incident the injuries you sustained and your losses. A Request for Admission is among the most useful tools your injury lawyer can use in this phase. Your lawyer will interview the defendant with a series of questions to verify or refuse their answers under the oath. This can be used to pinpoint areas of the case that may need investigation, such as witness testimony or medical records. The Litigation Period In the majority of civil law countries there are laws known as statutes of limitations. They stipulate that the lawsuit must be filed within a certain time period after an injury, or otherwise the right to sue will be lost. This is sometimes called “time barred.” The statute of limitations varies based on the country of origin, as well as the type of case. The majority of them allow plaintiffs for a breach of contract or personal injury to sue within a set amount of time after the event that caused injury. It can be difficult to determine the exact date of the statute of limitations at the time the clock begins to tick. It is determined by the date that the damage was caused or the date the damage was discovered. It could be based on a date that a judge would consider a person to be reasonably ought to have realized that they had been injured (such as when it is a latent mental condition or a hidden illness). The clock will begin counting down from the day when the incident occurred or from the date when the damage was discovered by the plaintiff. Sometimes, a court may extend the time limit or toll it in certain circumstances. Medical malpractice is a case where a doctor mistakenly removes a patient's spleen during an operation. As such, the patient may be subject to an extended two-year limitation. The judge will make his decision on the basis of the evidence presented by the parties. This decision will be a judgment that is written in writing and will spell out the facts which the judge deemed to be proven and the legal conclusions which are derived from these facts. The judgment will then include directions as to who should pay what sums. In most cases the plaintiff will be ordered to pay any damages awarded and the defendant will be required to cover all costs incurred with the trial. If the judge determines that the defendant is in fact at fault then the defendant could be ordered to pay the legal fees of the plaintiff. Negotiation In the process of litigation, parties will often attempt to settle the case. This is done to save money, such as on court fees, expert witness fees, etc. It also reduces time and the anxiety of going to trial. Settlement negotiations aim at getting a settlement that will cover your losses, including medical bills loss of income, pain and discomfort. In wrongful death cases there is also the possibility of compensation being paid for the loss of a loved one who died. It is important to remember that the insurance company of the at fault party is likely to lower your compensation and will not pay the amount you deserve. It is important to choose an injury lawyer with experience, such as those at Salvi Schostok & Pritchard P.C. on your side. Negotiation is a non-formal process that is voluntary to resolve disputes. You Tube can take various forms. It can occur in the course of litigation or after a verdict has been reached by a jury in a trial. It is a common process that can occur at all levels of society, both on an individual level and at the corporate and governmental levels.