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How Do Injury Lawsuits Work? Although every injury case is different, most have a common pattern. The first step is seeking medical treatment as soon as it is possible. It is essential to seek medical attention immediately because some injuries like concussions may not manifest any symptoms. Next, your lawyer will prepare and mail a settlement demand letter to the negligent party's insurance company. This will begin the process of negotiation to settle your claim. The Complaint The complaint is the legal document you (the plaintiff), use to describe the way in which the defendant's actions or inaction directly led to your injuries. The complaint also includes a demand for relief that is the monetary amount you seek from the defendant to compensate for your losses. It also includes a demand for declaratory judgment or injunctive relief, compensation and actual damages (monetary) as well as costs, punitive damages and interest. It is recommended to have an injury lawyer prepare your complaint to ensure it conforms to the specific guidelines of the court in which you are litigating. This is especially important when your case may be challenged by the insurance company of the opposing party, which has lawyers who are experienced in handling these cases. Once St. George injury attorneys is completed and filed, it will be filed in the appropriate court and then personally delivered to the person or entity that injured you. This is known as service of process and it guarantees that the defendant is given your Complaint and your request for damages. The defendant must respond within a specific timeframe after receiving a copy of your Complaint. If they don't they could be found to be in breach of their obligation to you. The defendant's response could be in the form of a formal Answer to the Complaint, a Motion to Dismiss or a Counterclaim. After the defendant has filed their response to your Complaint The parties will then begin exchanging information for pre-trial discovery. Your lawyer will have to gather evidence and information about the accident as well as your injuries and the losses you suffered. A Request for Admission is one of the most effective tools your injury lawyer can utilize during this phase. This is a series of questions your lawyer will ask the defendant to agree to or deny under the oath. This can be used to pinpoint areas of the case which require more investigation, such as witness testimony or medical records. The Litigation Period In the majority of civil law nations, there are laws known as statutes of limitations. They stipulate that a lawsuit must be filed within a specified time after an injury, or else the right to sue will be lost. This is commonly referred to as being “time barred.” Statutes of limitations vary depending on the country, and the nature of the case. The majority of them allow plaintiffs who have suffered a breach of contract or personal injury to file a lawsuit within a certain number of years of the incident which caused injury. It can be difficult to determine the exact date of the statute of limitations when the clock starts to tick. It will be based on the date of the incident or the date the damage is discovered. It might be based on a date that a judge would consider a person to be reasonably could have realized that they were harmed (such as when it is a mental illness that is not apparent or an illness that is not readily apparent). The clock will begin to run from the day that the injury was discovered or the date the plaintiff should have discovered the injury. Sometimes, a court will extend the time limit or toll it in certain circumstances. Medical malpractice would be an instance where a physician accidently removes the spleen of a patient during an operation. As such, the patient could have an extended two-year limit. The judge will make a decision on the basis of the evidence presented by the parties. The decision will be a written judgment in writing and will set out the facts which the judge found proved and the legal implications that flow from those facts. The judgment will then contain instructions on who should pay what sums. Usually, the plaintiff will be ordered to pay any damages granted and the defendant will be required to pay all costs associated with the trial. If the judge decides that the defendant is at fault in the case, they may be ordered to pay claimant's attorney fees. Negotiation During the litigious period, parties usually try to settle a dispute. This is done to save money, for instance on court fees, expert witness fees, etc. It also helps to reduce time and the anxiety of having to go to trial. The aim of settlement negotiations is to reach the amount that covers all losses, including medical expenses, lost wages and pain and suffering. It could also include the compensation for a family member's loss in wrongful death cases. It is important to remember that the insurance company of the at-fault party will usually try to lower your compensation and will not pay you what you are due. It is important to have an attorney for personal injuries who has experience, like the ones at Salvi Schostok & Pritchard P.C. on your side. Negotiation is a voluntary, dispute resolution procedure that can take many forms. It may occur in the course of litigation or after a decision is made by a jury in the course of a trial. It is a regular process that occurs on all levels of society, both on an individual level as well as at the corporate and governmental levels.