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How Do Injury Lawsuits Work? Each injury is unique but the majority have a common pattern. The first step is to seek immediate medical attention. It is essential to seek medical attention immediately because some injuries like concussions might not be accompanied by any symptoms. Your lawyer will then prepare and send an insurance demand letter to the responsible party. This will start the negotiation process to settle your claim. The Complaint In a lawsuit the complaint is the legal document in which you (the plaintiff) describe the way in which the defendant's actions or inaction directly caused your injuries. The complaint also includes a demand for compensation in the form of a monetary amount you want to be paid by the defendant for your damages. It also includes a demand for declaratory judgment, injunctive relief, compensatory and actual damages (monetary) and costs, punitive damages, and interest. It is a smart idea to engage an injury lawyer to write your Complaint in order to ensure it adheres to all the rules of the court in which you will be litigating. This is especially important if you are involved in a case that may be challenged by the insurance company of the opposing company which has its own lawyers who have specialized experience handling such cases. Once your Complaint is completed, it will be filed with the appropriate court and personally delivered to the person or entity who injured you. This is known as service of Process and ensures that your Complaint is accompanied by your claim for damages. The defendant must respond within a specified timeframe after receiving a copy your Complaint. Otherwise, they risk being found in violation of their obligation to you. The defendant can respond by filing an official answer to the Complaint or a Motion to dismiss or a counterclaim. After the defendant has filed their response to your Complaint, both sides will begin exchanging information for pre-trial discovery. This is a crucial step for your lawyer to gather details and evidence regarding the circumstances of the accident and the severity of your injuries, and the extent of your losses. One of the most important tools available to your injury lawyer during this phase is something called a Request for admission. This is a series of questions your lawyer will ask the defendant to agree to or not admit under an oath. This will help identify any areas of the case that might require more investigation, like witnesses' testimony or medical records. YouTube In many civil law countries, there are laws called statutes of limitations. They stipulate that a lawsuit has to be filed within a specified time frame after an injury or else the right of action will expire. This is often known as being “time barred.” The statute of limitations is different based on the country and the type case. Most of them allow plaintiffs for a breach in contract or personal injury to bring a suit within a specified number of years of the event that caused injury. As the clock begins to tick on the date of the statute of limitations, it can be confusing to figure out precisely when the deadline is. It is determined by the date that the harm was caused or the date that the damage was discovered. It might be based on the date that a judge will consider that a person reasonably could have realized that they had been injured (such as when it's a mental illness that is not apparent or an illness that is not readily apparent). The clock will begin counting down from the date on which the harm occurred or from the date that the injury was discovered by the plaintiff. A court may extend or reduce the time limit in certain circumstances. Medical malpractice could be the case when a doctor mistakenly removes a patient's spleen during an operation. As such, the patient could have an extended limitation of two years. The judge will make a decision on the basis of the evidence presented by the parties. The written decision will contain the facts the judge has found to be true and the legal conclusions that follow from the facts. The judgment will include instructions on who is accountable for the amount. Usually the plaintiff will be required to pay for any damages that are awarded, while the defendant will be ordered to cover all costs incurred with the trial. If the judge decides that the defendant is in fact at fault and the defendant is found to be at fault, the defendant could be ordered to pay the legal fees of the plaintiff. Negotiation In the course of litigation parties often try to reach a compromise on the case. This is typically done to cut expenses like court fees, expert witnesses, etc. It also reduces time and stress of going to trial. Settlement negotiations are aimed at settling for a sum that covers your losses, which include medical expenses as well as lost income, pain and discomfort. In wrongful death cases it is possible to get compensation paid in the event of the loss of a loved one who died. Remember that the insurance company will often attempt to underpay you. It is important to find an attorney for personal injuries who has experience, like the ones at Salvi Schostok & Pritchard P.C. to help you. Negotiation is a non-formal, voluntary process for resolving disputes. It can take on various forms. It may occur during litigation or after a jury has reached an agreement in the course of a trial. It is a common process that takes place at all levels of society, both at an individual level as well as at governmental and corporate level.