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How Do Injury Lawsuits Work? While every injury case is unique, the majority of cases follow a similar pattern. The first step is seeking medical assistance as soon as you can. It is crucial to seek medical attention as soon as you can because some injuries like concussions may not show any symptoms. Your lawyer will then draft and send an insurance demand letter to the responsible party. 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) explain how the defendant's actions or lack of action caused your injuries. The complaint includes an order for relief, which is the monetary amount you want from the defendant in exchange for your damages. It also includes a demand for declaratory judgment or injunctive relief, compensation and actual damages (monetary) and costs, punitive damages and interest. It is a smart move to engage an injury lawyer to write your Complaint to ensure it is in line with the regulations of the court that you are suing. This is especially true when you are involved in a case that may be contested by the insurance company, which has its own lawyers who have specialized experience in handling such cases. When your Complaint has been prepared and filed with the appropriate court and then personally delivered to the person or entity that injured you. This is referred to as service of Process and ensures that your Complaint contains your claim for damages. Once the defendant receives the copy of the Complaint and is required to respond to it within a certain time frame or risk being found in default of their obligation to pay you. Mount Pleasant injury lawyer You Tube may respond by filing an official response to the Complaint, an Motion to Dismiss or counterclaim. After the defendant has filed their response to your Complaint After that, both sides will begin exchanging information for pre-trial discovery. This is an important step for your attorney to gather information and evidence on how the accident happened and the severity of your injuries as well as the extent of your losses. One of the most important tools available to your injury lawyer during this phase is something known as a Request for Admission. Your lawyer will interview the defendant with a series of questions to confirm or deny their answers under an oath. This can be used to determine areas of the case which may need investigation, such as witness testimony or medical records. The Litigation Period In most civil law nations, there are laws known as statutes of limitations. They stipulate that a lawsuit has to be filed within a specified time period after the occurrence of an injury or the right to pursue action will expire. This is commonly referred to as being “time barred.” The time limit for a lawsuit is different based on the country and the type of case. However, most of them allow plaintiffs to sue for a breach of contract or personal injury within a number of years following the event 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 based upon the date the damage was caused or the date the damage was discovered. It could also be based upon the date that a court would decide that a person could reasonably have known they were injured. The clock will begin counting down from the date when the incident was committed or from the date that the injury was discovered by the plaintiff. Sometimes, a court can extend the statute of limitations or toll it in certain circumstances. For instance when a doctor performs an operation on a patient, and then accidentally removes their spleen in the process, this would qualify as medical malpractice. The patient could be entitled to a two-year extension. The parties will present their cases to an individual judge, and the judge will make an informed decision on the basis of the evidence presented. The written decision will contain the facts that the judge has determined to be true, as well as the legal conclusions that flow from these. The judgment will include instructions on who is accountable for what amount. The plaintiff is usually ordered to pay for the damages awarded, and the defendant to pay for the expenses of the trial. If the judge decides that the defendant was at fault and they are found to be at fault, they could also be ordered to pay claimant's attorney fees. Negotiation During the litigation process, parties will often attempt to reach a settlement of a case. This is done to save money, like court costs as well as expert witness fees, etc. This can also save you time and the stress that comes with going to court. Settlement negotiations are designed to help you in getting a settlement that covers your losses, which include medical expenses as well as lost income, discomfort and pain. It can also include the compensation for a family member's loss in wrongful death cases. Be aware that insurance companies will often attempt to underpay you. It is important to find 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 in the course of litigation or after a jury has reached an agreement in the course of a trial. It's a procedure that happens at all levels of society, at the individual and corporate level.