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How Do Injury Lawsuits Work? While every injury case differs, the majority follow a similar pattern. The first step is to seek immediate medical attention. This is important because some injuries, like concussions, might not present any obvious symptoms. Your lawyer will then draft and send an insurance demand letter to the responsible party. This will begin the process of negotiation to settle your claim. The Complaint In a lawsuit the complaint is the legal document in which you (the plaintiff) explain what actions of the defendant or lack of action caused your injuries. The complaint also includes the demand for compensation, which is the amount you would like to be paid by the defendant for your damages. It also includes a prayer for declaratory judgment and injunctive relief, as well as compensatory and actual damages (monetary), costs, punitive damages and interest. It is a smart move to engage an injury lawyer to write your Complaint in order to ensure it adheres to all the rules of the court where you will be litigating. This is especially true when your case may be challenged by the insurance company of the opposing party, which has lawyers with experience in handling such 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 is referred to as service of process and it ensures that the defendant receives a copy of your Complaint and your request for damages. The defendant must respond within a certain timeframe after receiving a copy of your Complaint. In the event that they fail to do so, they risk being found in breach of their obligations to you. The defendant may respond by filing an official response to the Complaint or a Motion to dismiss or counterclaim. After the defendant has filed their response to your Complaint, both sides will begin exchanging documents in preparation for discovery. This is an important step for your attorney to gather details and evidence regarding the circumstances of the accident and the severity of your injuries as well as the magnitude of your losses. A Request for Admission is one of the most effective tools your lawyer for injury can employ during this stage. This is a series of questions that your attorney will ask the defendant to agree to or to deny under an oath. This can be used as a tool to identify areas of the case that require investigation, such as witness testimony or medical records. The Litigation Period In the majority of civil law countries there are laws referred to as statutes of limitations. They stipulate that the lawsuit must be filed within a certain time period after the injury or else the right to sue will expire. This is often known as being “time barred.” The statute of limitations can differ based on the country, and the type of case. However, most of them allow plaintiffs to sue over a breach of contract or personal injury within a number of years after the event that caused the injury. As the clock begins to tick on the date of the deadline, it can be confusing to know precisely when the deadline is. It will be determined by the date of the harm or the date the damage is discovered. It might be based on the date that a judge will consider that a person reasonably could have realized that they were harmed (such as when it's a latent mental condition or a hidden illness). The clock will begin counting down from the day on which the harm occurred or from the day on which the harm should have been discovered by the plaintiff. A court can sometimes extend or impose a suspension on the statute of limitations in special circumstances. For instance, if a doctor performs an operation on a patient and accidentally removes their spleen as part of the process, it would qualify as medical negligence. The patient may be entitled to a two-year extension. The parties will present their cases to an impartial judge, and the judge will make a decision in accordance with the evidence submitted. This decision will be a written judgment in writing and will set out the facts the judge determined to be true and the legal conclusions that result from these facts. The judgment will include instructions regarding who is responsible for the amount. In most cases the plaintiff will be required to pay any damages granted and the defendant will be required to pay all costs associated with the trial. If the judge finds that the defendant is at fault then the defendant could be ordered to pay the plaintiff's legal costs. Negotiation During litigious period, parties usually try to settle a case. This usually happens to reduce costs like court fees, expert witnesses, etc. It can also save time and anxiety of going to trial. The purpose of settlement negotiations is to settle for an amount that covers all your losses, including medical expenses, lost wages, and pain and suffering. In wrongful death cases it is possible to get compensation paid for the loss of a family member who has passed away. Avondale injury lawyer You Tube is important to remember that the insurance company of the at fault party will usually try to lower your compensation and will not pay you what you are due. It is important to choose a personal injury lawyer with experience, such as the ones at Salvi Schostok & Pritchard P.C. to help you. Negotiation is a non-formal process of settling disputes. It can take on various forms. It can occur during the litigation process or after a decision is reached by a jury in a trial. It is a regular process that takes place at all levels of society, both on an individual level and at corporate and government levels.