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How Do Injury Lawsuits Work? While every injury case is different, most follow a similar pattern. The first step is to seek prompt medical attention. This is vital because certain injuries, such as concussions, might not present any obvious signs. Your lawyer will then draft 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 that you (the plaintiff) will use to explain the manner in which the defendant's actions, or inaction directly caused your injuries. The complaint contains an order for relief which is the financial amount that you are seeking from the defendant to compensate for your losses. The complaint also contains a request for declaratory judgment and injunctive relief, as well as compensatory and actual damages (monetary) and costs, punitive damages and interest. It is a smart idea to hire an injury lawyer to draft your Complaint in order to ensure it adheres to all the rules of the court in which you will be arguing. This is especially true when you're involved in a case that could be contested by the insurance company that has its own lawyers who are specialized in expertise in handling these cases. Your Complaint will be drafted and filed with the appropriate court. It will then be personally delivered to the person who caused the injury. This is known as service of Process. It ensures that your Complaint is accompanied by the demand for damages. After the defendant has received a copy of the Complaint and is required to respond within a specified time or risk being found to be in default of their obligation pay you. The defendant may respond by filing an official answer to the Complaint, a Motion to dismiss or counterclaim. After the defendant has filed their response to your Complaint The parties will then begin exchanging information for pre-trial discovery. This is a crucial step for your attorney to gather information and evidence on the circumstances of the accident, the extent of your injuries and the amount of your losses. One of the most important tools available to your injury lawyer during this stage is called a Request for Admission. Your lawyer will interview the defendant with a series of questions to verify or deny their answers under oath. This could be used to assist in identifying any areas of the case that require more investigation, like medical records or witness testimony. The Litigation Period In the majority of civil law nations there are laws that are called statutes of limitations. These laws stipulate that a lawsuit must be filed within a certain time period following an injury or else the right of action will expire. This is often called “time barred.” The statute of limitations can differ based on the country and the nature of the case. However, Odessa injury lawyers You Tube of them allow plaintiffs to sue for breach of contract or personal injury within a number of years after the event 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 will be determined by the date of the injury, or the date that the damage is discovered. It might be based on the date that a judge will consider that a person reasonably ought to have realized that they were injured (such as when it's a mental illness that is not apparent or a hidden illness). The clock will begin to count down from the day on which the harm occurred or from the date on which the harm ought to 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, and then accidentally removes their spleen during the process, it would be considered medical malpractice. As such, the patient could have an extended two-year limit. The parties will present their cases to an individual judge and the judge will then make a decision based on the evidence presented. This written decision will include the facts the judge has determined to be true and the legal implications that result from them. The judgment will then include directions as to who should pay what amounts. In most cases, the plaintiff will be required to pay for any damages awarded and the defendant will be required to pay for all costs associated with the trial. If the judge decides that the defendant is at fault and they are found to be at fault, they could also be ordered to pay a lawyer's fees of a plaintiff. Negotiation During the litigation, parties often try to settle the case. This is done to save money, for instance court costs, expert witness fees, etc. This can also save you time and the stress that comes with going to court. The purpose of settlement negotiations is to negotiate an amount that covers all losses, including medical bills, lost wages and suffering. In wrongful death claims it is possible to get compensation provided for the loss of a deceased relative. Be aware that insurance companies is often trying to underpay you. It is essential to choose an injury lawyer who has experience, like those at Salvi Schostok & Pritchard P.C. to help you. Negotiation is a voluntary dispute resolution process that can take a variety of forms. It can occur in the course of litigation or after a verdict has been made by a jury in a trial. It's a procedure that takes place at all levels of society – at the individual and corporate scale.