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How Do Injury Lawsuits Work? Each injury is unique, but the majority follow a similar pattern. The first step is to get immediate medical attention. This is important because some injuries, such as concussions may not have any obvious signs. Then, your lawyer will prepare and send a settlement demand letter to the responsible party's insurance company. This will initiate the negotiation process to settle your claim. The Complaint In a lawsuit the complaint is the legal document in which you (the plaintiff) write about the way in which the defendant's actions or inaction directly caused your injuries. The complaint also contains an offer for compensation, which is an amount of money you wish to receive from the defendant for your losses. It also includes a demand for declaratory judgment and injunctive relief, as well as compensatory and actual damages (monetary) and costs, punitive damages, and interest. It is a good idea get an injury lawyer to prepare your complaint to ensure it conforms to the specific rules of the court which you are litigating. This is especially true if you are involved in a case that may be contested by the opposing party's insurance company that has its own lawyers who are specialized in expertise in handling these cases. Once your Complaint is completed and filed with the appropriate court and then personally delivered to the person or entity who injured you. This is called service of Process and guarantees that your Complaint is accompanied by your claim for damages. The defendant must respond within a specified time frame after receiving a copy your Complaint. Otherwise they could be found in breach of their obligation to you. The defendant may respond in the form of an official Answer to the Complaint or an 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 attorney will need to gather evidence and information regarding the accident the injuries you sustained and the losses you suffered. A Request for Admission is one of the most useful tools your injury lawyer can use in this phase. It is a set of questions that your attorney will ask the defendant to admit or deny under oath. This can be used to identify areas of the case that might 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 brought within a specified time after the injury or else the right to sue will be lost. This is commonly referred to as being “time barred.” The statute of limitations varies based on the country, and the nature of the case. Most of them permit plaintiffs in a breach in contract or personal injury to file a lawsuit within a specified number of years of the event that caused injury. When the clock begins to tick on a deadline it can be difficult to know precisely when the deadline is. 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 a court would decide that a person reasonable ought to have realized that they had been harmed. The clock will begin to count down from the day on which the harm occurred or from the date that the injury should have been discovered by the plaintiff. A court may sometimes extend or impose a suspension on the statute of limitations in special circumstances. Medical malpractice would be a case where a doctor accidently removes the spleen of a patient during an operation. The patient may be entitled to a two-year extension. The parties will present their arguments before a judge, and the judge will then make an assessment on the basis of the evidence presented. This written decision will include the facts the judge has determined to be true and the legal conclusions that flow from them. The judgment will also contain specific instructions regarding who will pay what sums. The plaintiff is usually ordered to pay the damages awarded, and the defendant to pay the costs of the trial. If the judge determines that the defendant is responsible and the defendant is found to be at fault, the defendant could be ordered to pay the plaintiff's legal costs. Negotiation In the process of litigation parties will usually try to settle a case. This usually happens to save money on costs such as court fees, expert witnesses, etc. It also reduces time and anxiety of having to go to trial. Settlement negotiations aim at getting a settlement that will cover your losses, including medical expenses as well as lost income, pain and discomfort. In wrongful death claims it is possible to get compensation paid in the event of the loss of a family member who has passed away. Remember that West Covina injury attorneys YouTube is often trying to underpay you. This is why it is important to be able to count on a seasoned personal injury lawyer such as the ones at Salvi, Schostok & Pritchard P.C., on your side during this process. Negotiation is a non-binding, dispute resolution process that can take many forms. It can happen in the course of litigation or after a jury has reached an agreement in an investigation. It is a regular process that can occur at all levels of society, both on an individual level and at corporate and government levels.