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How Do Injury Lawsuits Work? Every injury is unique, but the majority of them follow a similar pattern. The first step is to seek immediate medical attention. This is vital because certain injuries, like concussions, might not present any obvious signs. Your lawyer will prepare and send an insurance demand letter to the responsible party. This will start the negotiation process to settle your claim. The Complaint The complaint is the legal document you (the plaintiff) can use to explain how the defendant’s actions or inaction directly led to your injuries. The complaint contains the demand for relief, which is the monetary amount you want from the defendant in exchange for your damages. The complaint also contains a request for declaratory judgment and injunctive relief, as well as compensatory and actual damages (monetary) as well as costs, punitive damages and interest. It is a good idea to get an injury lawyer to prepare your complaint to ensure it conforms to the specific guidelines of the court in which you are trying to litigate. This is especially true if your case could be challenged by the insurance company of the opposing party which has lawyers with experience in handling such cases. The Complaint will be written 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. Clifton injury attorney ensures that your Complaint includes your claim for damages. The defendant must respond within a specific timeframe after receiving a copy of your Complaint. In the event that they fail to do so they could be found in breach of their obligations to you. The defendant's response could take the form of a formal Response to the Complaint, a Motion to Dismiss or a Counterclaim. Both parties will exchange documents to prepare for trial. Your attorney will be required to collect evidence and details regarding the accident the injuries you sustained and the losses you suffered. One of the most important tools for 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 verify or refuse their answers under an oath. This can be used to determine areas of the case which may need further investigation, for example witness testimony or medical records. The Litigation Period In the majority of civil law nations there are laws known as statutes of limitation. These laws stipulate that a lawsuit must be brought within a specified time following an injury, or otherwise the right to sue will end. This is commonly referred to as being “time barred.” The time period for filing a claim is different based on the country and the type of case. However, the majority of them allow plaintiffs to sue over a breach of contract or personal injury within a number of years after the incident that caused the injury. It is sometimes difficult to determine the exact date of the statute of limitations at the time the clock starts to tick. It is based on the date of the injury or the date the damage is discovered. It may also be based on the date a court will consider to be the date that an individual could reasonably have known they were injured. The clock will begin counting down from the day that the damage was committed, or from the day that the injury should have been discovered by the plaintiff. Sometimes, a court will extend the statute of limitations or toll it for special circumstances. For instance the case where a doctor is performing an operation on a patient but accidentally removes their spleen during the process, it would qualify as medical negligence. The patient may be entitled to a two-year extension. The parties will present their case before an individual judge and the judge will then make a decision based on the evidence presented. This written decision will include the facts that the judge has determined to be true and the legal conclusions that follow from the facts. The judgment will include instructions as to who is responsible for the amount. The plaintiff is typically ordered to pay for the damages that are awarded, and the defendant to pay the costs of the trial. If the judge finds that the defendant was responsible, they may also be ordered to pay claimant's attorney fees. Negotiation In the course of litigation parties will usually try to reach a compromise on a case. This is typically done to reduce costs such as court fees as well as expert witnesses. This could also reduce time and the stress of going to court. Settlement negotiations are aimed at getting a settlement that covers your losses including medical expenses, lost income and discomfort and pain. In wrongful death cases, compensation can also be paid for the loss of a deceased relative. Remember that the insurance company will often try and underpay you. This is why it is important to have an experienced personal injury lawyer such as those at Salvi, Schostok & Pritchard P.C. and be on your side during this process. Negotiation is a voluntary dispute resolution process that can take a variety of forms. It may occur during the litigation process or after a decision is made by a jury in a trial. It is a process that happens at every level of society – both on an individual and corporate scale.