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How Do Injury Lawsuits Work? While every injury is unique, the majority of cases follow a similar pattern. The first step is to get prompt medical attention. It is crucial to seek medical attention immediately because some injuries, like concussions might not be accompanied by any symptoms. Your lawyer will prepare and mail an agreement demand letter to the negligent party's insurance company. This will start the negotiation process for settling your claim. The Complaint The complaint is the legal document you (the plaintiff) will use to explain the manner in which the defendant's actions, or inaction directly caused your injuries. The complaint also includes a demand for relief which is the financial amount you want from the defendant to compensate for the damages you sustained. It also includes a prayer for declaratory judgment, injunctive relief, compensatory and actual damages (monetary), punitive damages, costs and interest. It is a smart idea to engage an injury lawyer to prepare your Complaint in order to ensure it is in line with the rules of the court in which you will be arguing. This is especially true when you are involved in a matter that could be contested by the insurance company of the opposing company, which has its own lawyers with specialized experience in handling such cases. Your Complaint will be prepared 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 and guarantees that your Complaint is accompanied by your request for damages. The defendant must respond within a specified timeframe after receiving a copy your Complaint. Otherwise they may be found to be in breach of their obligation to you. The defendant's response can be in the form of a formal Answer 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 gather evidence and information about the accident, your injuries, and your losses. One of the most important tools used by your injury lawyer in this phase is called a Request for admission. Your lawyer will ask the defendant a series of questions to verify or deny their answers under the oath. This can be used to identify areas of the case that might require further investigation, for example witness testimony or medical records. The Litigation Period In many civil law countries, there are laws called statutes of limitations. These laws stipulate that lawsuits must be filed within a certain time period following an injury or the right to sue will expire. This is often known as being “time barred.” The time period for filing a claim varies depending on the country and the type case. The majority of them allow plaintiffs for a breach of contract or personal injury to file a lawsuit within a certain number of years from the incident that caused the injury. When the clock begins to tick on a deadline, it can be confusing to know exactly when the deadline will be. It will be based on the date of the harm or the date the damage is discovered. It might be based on the date that a judge would 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 incident was discovered or the date the plaintiff should have discovered the damage. A court may extend or reduce the statute of limitations in specific circumstances. For instance the case where a doctor is performing an operation on a patient and accidentally removes their spleen as part of the procedure, this could qualify as medical negligence. In this case, the patient could be subject to an extended two-year limitation. The judge will make a decision on the basis of the evidence presented by the parties. The judge's decision will be a written judgment written in writing and will spell out the facts that the judge deemed to be proven, and the legal conclusions that result from these facts. The judgment will then contain specific instructions regarding who will pay what sums. Typically, the plaintiff will be required to pay any damages that are awarded, while the defendant will be required to pay all costs associated with the trial. If the judge determines that the defendant was at fault, they may also be ordered to pay claimant's attorney fees. Negotiation During the litigation process, parties will often attempt to reach a compromise on the case. This usually happens in order to cut costs such as court fees and expert witnesses, for instance. It can also save time and stress of going to trial. The goal of settlement negotiations is to reach an amount that covers all losses, including medical expenses, lost wages and suffering. In wrongful death cases there is also the possibility of compensation being offered for the loss of a family member who has passed away. Remember that the insurance company will often try and underpay you. This is why you should employ a skilled personal injury lawyer, such as the ones at Salvi, Schostok & Pritchard P.C. On Miami Beach injury attorney during this process. Negotiation is a voluntary, dispute resolution procedure that can take many forms. It may occur in the course of litigation or after a verdict is reached by a jury during the course of a trial. It is a regular process that takes place at all levels of society, both at an individual basis as well as on a the corporate and governmental levels.