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How Do Injury Lawsuits Work? Every injury is unique, but the majority of them have a common pattern. The first step is to get immediate medical attention. This is important because some injuries, such as concussions might not present any obvious symptoms. Your lawyer will then prepare and send an insurance demand letter to the negligent party. This will start the negotiation process to settle your claim. The Complaint In a lawsuit the complaint is the legal document that you (the plaintiff) write about how the defendant's actions or lack of action directly caused your injuries. The complaint also contains the demand for compensation, which is a monetary amount you want to be paid by the defendant for your damages. The complaint also contains the demand for a declaratory judgment, an injunctive decree, actual and compensatory damages (monetary) as well as punitive damages costs, interest, and punitive damage. It is a good idea to have an injury lawyer prepare your Complaint to ensure that it conforms to the specific rules of the court which you are litigating. This is especially important in the event that your case is challenged by the insurance company of the opposing party, which has lawyers with experience in handling such cases. After your Complaint is prepared and filed, it will be filed with the appropriate court, and then personally delivered to the person or entity that caused you harm. This is referred to as service of Process. It ensures that your Complaint is accompanied by 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 to be in breach of their obligations to you. The defendant's response could be in the form of a formal answer to the Complaint, a Motion Dismiss or a Counterclaim. Both sides will exchange documents to prepare for trial. Your attorney will be required to gather evidence and information about the accident the injuries you sustained and the losses you suffered. One of the most important tools used by your lawyer for injury in this phase is called a Request for admission. Your lawyer will interview the defendant with a series of questions to confirm or deflect their answers under the oath. Fremont injury attorney will help identify any areas of the case that might require more investigation, like witnesses' testimony or medical records. The Litigation Period In many civil law countries there are laws known as statutes of limitations. These laws stipulate that a lawsuit must be filed within a certain time period following an injury, or else the right to sue will end. This is often known as being “time barred.” The time period for filing a claim varies depending on the country and the type case. Most of them allow plaintiffs who have suffered a breach of contract or personal injury to sue within a set number of years from the event that caused the injury. When the clock starts ticking on the time limit it can be difficult to figure out precisely when the deadline is. It will be based on the date of the injury or the date the damage is discovered. It could also be based on the date that a judge will consider a person to be reasonably could have realized that they were harmed (such as when it is a latent mental condition or a hidden illness). The clock will begin to run from the date the harm occurred or the day the plaintiff should have discovered the damage. Sometimes, a court will extend the time period for a statute of limitations, or toll it for special circumstances. Medical malpractice would be the case when a doctor accidently removes the spleen of a patient during an operation. This means that the patient could have an extended two-year limit. The parties will present their case before an individual judge and the judge will take an informed decision in accordance with the evidence submitted. The written decision will contain the facts the judge has determined to be true, as well as the legal conclusions that follow from them. The judgment will contain instructions regarding who is responsible 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 determines that the defendant is responsible, the defendant may be ordered to pay the legal fees of the plaintiff. Negotiation During litigious period, parties usually try 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. The purpose of settlement negotiations is to negotiate an amount that covers all your losses, which includes medical expenses, lost wages, and suffering. In wrongful death claims there is also the possibility of compensation being provided for the loss of a loved one who died. Remember that the insurance company will often try and underpay you. This is why you should be able to count on a seasoned personal injury lawyer, such as the ones at Salvi, Schostok & Pritchard P.C. and be on your side during this process. Negotiation is a voluntary, dispute resolution process that can take many forms. It can happen in the course of litigation or after a jury has come to a verdict in a trial. It's a procedure that takes place at all levels of society – both at an individual and corporate scale.