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How Do Injury Lawsuits Work? While every injury case is different, most have a common pattern. The first step is to seek medical treatment as soon as it is possible. This is important because some injuries, such as concussions may not have any obvious signs. Next, your lawyer will prepare and mail a settlement 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 that you (the plaintiff), use to describe the way in which the defendant's actions or inaction directly led to your injuries. The complaint also contains an offer for compensation in the form of an amount of money you wish to receive from the defendant for your losses. The complaint also contains a request for declaratory judgment, injunctive relief, compensatory and actual damages (monetary) and costs, punitive damages, and interest. It is a good idea have an injury lawyer prepare your Complaint so it adheres to the specific rules of the court in which you are litigating. This is particularly true if you are involved in a case that may be contested by the insurance company of the opposing company which has its own lawyers with specialized experience in handling such cases. Your Complaint will be drafted and filed with the appropriate court. It will then be personally delivered to the person who injured you. This is referred to as service of process and it ensures that the defendant receives a copy of your Complaint along with your request for damages. The defendant must respond within a certain time period after receiving a copy your Complaint. Otherwise, they risk being found in violation of their obligations to you. The defendant may respond in the form of an official response to the Complaint, a Motion to dismiss or counterclaim. When the defendant files their response to your Complaint After that, both sides will begin exchanging documents in preparation for discovery. This is an important step for your attorney to collect details and evidence regarding the circumstances of the accident and the extent of your injuries as well as the amount of your losses. One of the most important tools used by your injury lawyer during this stage is called a Request for Admission. This is a series of questions that your attorney will ask the defendant to admit or not admit under the oath. This could be used to help identify any areas of the case that require further investigation, such as witnesses' testimony or medical records. The Litigation Period In many civil law countries, there are laws called statutes of limitation. These laws state that the lawsuit must be filed within a specified time after the injury or else the right to sue will expire. This is often called “time barred.” The time period for filing a claim is different based on the country and the type of case. However, most of them allow plaintiffs to sue for breach of contract or personal injury within a period of years following the event that caused the injury. As the clock begins to tick on a statute of limitations it can be a bit confusing to determine exactly when the deadline is. It is based on the date of the harm or the date the damage is discovered. It could also be based upon the date that a court would consider that an individual reasonably should have discovered they had been harmed. The clock will begin to run from the day the incident occurred or when the plaintiff should have discovered the harm. 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, this would qualify as medical negligence. The patient may be entitled to a two-year extension. The judge will make a decision on the basis of evidence provided by the parties. The written decision will contain the facts the judge has determined to be true and the legal conclusions that flow from these. The judgment will contain instructions on who is accountable for the amount. The plaintiff is typically ordered to pay the damages awarded, and the defendant to pay for the expenses of the trial. If the judge determines that the defendant is responsible, the defendant may be ordered to pay the claimant's legal fees. Negotiation During litigation, parties will often attempt to settle a case. This is done to save money, such as court costs, expert witness fees, etc. It can also reduce time and the stress of going to court. Settlement negotiations are aimed at getting a settlement that will cover your losses, including medical bills as well as lost income, pain and discomfort. In YouTube , compensation can also be offered for the loss of a loved one who died. It is crucial to keep in mind that the insurance company of the at fault party will often try to lower your compensation and will not pay the amount you deserve. This is the reason you should employ a skilled personal injury lawyer, such as the ones at Salvi, Schostok & Pritchard P.C. and be on your side during this procedure. Negotiation is a voluntary dispute resolution procedure that can take many forms. It can happen in the course of trial or after a jury has come to the verdict of the course of a trial. It's a process that happens at every level of society – both at an individual and corporate scale.