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How Do Injury Lawsuits Work? Every injury is unique, however, the majority have a common pattern. The first step is to seek medical attention as soon as possible. This is important because some injuries, such as concussions may not have any obvious symptoms. Next, your lawyer will draft and send 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 how the defendant’s actions or inaction directly caused your injuries. The complaint also includes an order for relief which is the financial amount you seek from the defendant as compensation for your losses. The complaint also includes a request for a declaration judgment, an injunctive decree and actual and compensatory damages (monetary) and punitive damages, costs, and interest. It is a good idea to employ an injury lawyer to draft your Complaint in order to ensure it complies with all regulations of the court that you will be litigating. This is particularly true if your case could be challenged by the insurance company of the opposing party, that has lawyers who have experience in handling such cases. After your Complaint is prepared, it will be filed with the appropriate court and then personally delivered to the person or entity that injured you. This is referred to as service of process. It guarantees that the defendant is given your Complaint, including your request for damages. The defendant must respond within a specific time frame after receiving a copy of your Complaint. In the event that they fail to do so they may be found in breach of their obligation to you. The defendant's response could be in the form of a formal Answer to the Complaint, a Motion Dismiss or a Counterclaim. Both parties will exchange documents to prepare for trial. This is an important step for your attorney to collect information and evidence about 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 during this phase. Your lawyer will ask the defendant a series questions to verify or deflect their answers under the 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 many civil law countries there are laws that are called statutes of limitations. These laws state that lawsuits must be filed within a certain time frame after an injury, or else the right to pursue action will expire. This is commonly referred to as being “time barred.” The statute of limitations differs based on the nation and the type of case. However, the majority of them allow plaintiffs to sue for breach of contract or personal injury within a period of years after the incident that caused the injury. When the clock starts ticking on the date of the deadline it can be difficult to know exactly when the deadline is. It will be determined by the date of the injury or the date the damage is discovered. It might be based on a date that a judge would consider that a person reasonably could have realized that they were harmed (such as when it's a latent mental condition or an illness that is not readily apparent). The clock will begin counting down from the day when the incident was committed or from the day when the damage should have been discovered by the plaintiff. A court can sometimes extend or toll the statute of limitations in special circumstances. For example when a doctor performs an operation on a patient and accidentally removes their spleen in the process, it would be considered medical malpractice. The patient could be entitled to an extension of two years. The judge will make his decision on the basis of the evidence presented by the parties. The judge's decision will be a judgment that is in writing and will set out the facts that the judge deemed to be proven and the legal conclusions that result from these facts. The judgment will then contain directions as to who should pay what amounts. Typically, the plaintiff will be ordered to pay for any damages that are awarded, while the defendant will be required to pay all costs associated with the trial. If the judge determines that the defendant was responsible in the case, they may be ordered to pay attorney's fees for a claimant. Negotiation In the course of litigation, parties will often attempt to settle a dispute. This is typically done in order to reduce costs such as court fees as well as expert witnesses. This can also save you time and the stress of going to court. The purpose of settlement negotiations is to reach an amount that will cover all losses, including medical expenses, lost wages and suffering and pain. It may also include compensation for a deceased family member's loss in wrongful death cases. It is crucial to keep in mind that the insurance company of the at-fault party is likely to lowball you and not pay you what you are due. This is the reason you should have an experienced personal injury lawyer, such as those at Salvi, Schostok & Pritchard P.C., on your side during this procedure. Negotiation is an informal, voluntary process for resolving disputes. It can take various forms. You Tube may occur during the litigation process or after a verdict is reached by a jury during the course of a trial. It's a process that happens at all levels of society – at the individual and corporate scale.