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How Do Injury Lawsuits Work? You Tube is unique but the majority of them have a similar pattern. The first step is to seek medical attention as soon as possible. It is important to seek medical attention right away because some injuries like concussions may not show any symptoms. Your lawyer will prepare and mail a settlement demand letter to the responsible party's insurance company. This will initiate the process of negotiation to settle your claim. The Complaint In a lawsuit the complaint is the legal document that you (the plaintiff) describe what actions of the defendant or inaction directly caused your injuries. The complaint contains an order for relief that is the monetary amount you seek from the defendant in exchange for the damages you sustained. It also includes a prayer for declaratory judgment, injunctive relief, compensatory and actual damages (monetary) and costs, punitive damages and interest. It is a good idea to employ an injury lawyer to draft your Complaint to ensure it complies with all regulations of the court that you will be arguing. This is particularly true 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 drafted and filed with the appropriate court. It will then be personally delivered to the person who caused the injury. This is called service of Process. It ensures that your Complaint contains your request for damages. After the defendant has received the copy of the Complaint and is required to respond within a specific timeframe or risk being found in breach of their obligation to pay you. The defendant can respond by filing an official Answer to the Complaint or motion to dismiss or counterclaim. After the defendant files their response to your Complaint The parties will then begin exchanging information for pre-trial discovery. Your lawyer will have to collect evidence and details about the incident the injuries you sustained and your losses. One of the most important tools available to your lawyer for injury during this phase is something called a Request for Admission. It is a set of questions that your attorney will ask the defendant to agree to or not admit under oath. This can be used to identify areas of the case which require investigation, such as witness testimony or medical records. The Litigation Period In most civil law countries there are laws referred to as statutes of limitations. These laws state that a lawsuit must be filed within a specific time following an injury, or otherwise the right to sue will be lost. This is often known as being “time barred.” The statute of limitations can differ based on the country and the type of case. The majority of them allow plaintiffs for a breach of contract or personal injury to sue within a specified amount of time after the incident that caused the injury. It is sometimes difficult to determine the exact date of the statute of limitations, when the clock starts to tick. It will be determined by the date of the injury, or the date that the damage is discovered. It could also be based on the date that a judge would think a person reasonable ought to have realized that they were injured (such as when it's a latent mental condition or an illness that is not readily apparent). The clock will begin to run from the date that the injury was discovered or the date the plaintiff should have discovered the harm. A court can sometimes extend or impose a suspension on the time limit in certain circumstances. For example the case where a doctor is performing an operation on a patient, and then accidentally removes their spleen as part of the process, it would qualify as medical malpractice. The patient may be entitled to a two-year extension. The parties will present their case before an impartial judge and the judge will then make a decision based on the evidence presented. This decision will be a judgment written and will set out the facts the judge deemed to be proven and the legal conclusions that flow from those facts. The judgment will contain instructions on who is accountable for what amount. Typically the plaintiff will be required to pay any damages that are awarded, while the defendant will be ordered to cover all costs incurred with the trial. If the judge finds that the defendant is in fact at fault, the defendant may be ordered to pay the legal fees of the plaintiff. Negotiation In the course of litigation parties often try to reach a settlement of a case. This usually happens to reduce expenses like court fees, expert witnesses, etc. It also reduces time and the stress of going to trial. Settlement negotiations aim at settling for a sum that covers your losses, which include medical bills, lost income and pain and discomfort. It can also include compensation for a deceased family member's loss in wrongful death cases. Be aware that insurance companies is often trying to underpay you. It is essential to have an injury lawyer with experience, such as those at Salvi Schostok & Pritchard P.C. on your side. Negotiation is a non-binding, dispute resolution process that can take a variety of forms. It can happen during litigation or after a jury has come to a verdict in an investigation. It is a process that occurs at all levels of society – both on an individual and corporate level.