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How Do Injury Lawsuits Work? Each injury is unique, but the majority follow a similar pattern. The first step is seeking medical treatment as soon as it is possible. It is important to seek medical attention immediately because some injuries like concussions may not show any symptoms. Your lawyer will draft and send a settlement demand letter to the negligent party's insurance company. 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) describe the way in which the defendant's actions or lack of action directly caused your injuries. The complaint also includes an offer for compensation that is a monetary amount you want to be paid by the defendant for your losses. You Tube includes a demand for declaratory judgment, injunctive relief, compensatory and actual damages (monetary) and costs, punitive damages and interest. It is a smart move to hire an injury lawyer to write your Complaint to ensure that it adheres to all the rules of the court where you are suing. This is especially important when your case may be challenged by the insurance company of the opposing party, which has lawyers with experience in handling these cases. Your Complaint will be prepared and filed in 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 ensures that your Complaint is accompanied by your claim for damages. The defendant must respond within a specific time period after receiving a copy of your Complaint. Otherwise they could be found in violation of their obligation to you. The defendant may respond in the form of an official answer to the Complaint or motion to dismiss or counterclaim. After the defendant files their response to your Complaint, both sides will begin exchanging information for pre-trial discovery. Your attorney will need to gather evidence and information about the accident, your injuries, and the losses you suffered. One of the most important tools used by your lawyer for injury during this phase is something called a Request for admission. It is a set of questions that your lawyer will request the defendant to answer or deny under an oath. This can be used to determine areas of the case which might require investigation, such as witness testimony or medical records. The Litigation Period In many civil law countries there are laws referred to as statutes of limitations. These laws stipulate that a lawsuit must be brought within a specified time after an injury, or otherwise the right to sue will be lost. This is sometimes called “time barred.” Statutes of limitations vary depending on the country 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 event that caused the injury. When the clock starts ticking on a deadline it can be difficult to determine precisely when the deadline is. It will be based upon the date on which the damage was caused or the date the damage was discovered. It could also be based on the date that a judge will consider to be the date that an individual could reasonably have known they were injured. The clock will begin to count down from the date on which the harm was committed or from the day that the injury was discovered by the plaintiff. A court may extend or impose a suspension on the statute of limitations in specific circumstances. For instance, if a doctor performs an operation on a patient but accidentally removes their spleen during the process, this would be considered medical negligence. In this case, the patient could be subject to an extended limitation of two years. The parties will present their case before an impartial judge, and the judge will then make a decision on the basis of the evidence presented. This written decision will include the facts that the judge has found to be true and the legal implications that result from them. The judgment will then contain directions as to who should pay what sums. The plaintiff is typically ordered to pay for the damages paid, while the defendant is ordered to pay for the expenses of the trial. If the judge determines that the defendant was responsible in the case, they may be ordered to pay lawyer's fees of a plaintiff. Negotiation During the litigious period, parties usually try to settle a case. This is done to save money, for instance on court fees and expert witness fees etc. It can also save you time and the stress that comes with going to court. The aim of settlement negotiations is to reach the amount that covers all losses, including medical bills, lost wages and suffering and pain. In wrongful death claims it is possible to get compensation offered in the event of the loss of a loved one who died. Be aware that insurance companies 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. on your side. Negotiation is a voluntary dispute resolution procedure that can take many forms. It can take place during the litigation process or after a decision is reached by a jury during a trial. It is a regular process that takes place at all levels of society, both at an individual basis as well as on a governmental and corporate level.