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How Do Injury Lawsuits Work? Every injury is unique, however, the majority follow a similar pattern. The first step is to seek medical assistance as soon as you can. It is important to seek medical attention right away because some injuries like concussions may not show any symptoms. Your lawyer will prepare and send an insurance demand letter to the responsible party. This will begin the negotiation process to settle your claim. The Complaint In a lawsuit the complaint is the legal document that you (the plaintiff) explain what actions of the defendant or inaction directly caused your injuries. The complaint includes the demand for relief which is the financial amount that you are seeking from the defendant as compensation for the damages you sustained. It also includes a prayer 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 have an injury lawyer prepare your Complaint so it adheres to the specific guidelines of the court in which you are litigating. This is especially true when you are involved in a matter that could be challenged by the insurance company which has its own lawyers with specialized experience handling such cases. Your Complaint will be prepared 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 assures that the defendant gets a copy of your Complaint along with your request for damages. Once the defendant receives the copy of the Complaint the defendant must respond to it within a certain time frame or risk being found to be in breach of their obligation to pay you. The defendant's response could be in 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 need to collect evidence and details regarding the accident, your injuries, and your losses. A Request for Admission is among the most useful tools that your injury lawyer can use during this phase. It is a set of questions your lawyer will ask the defendant to admit or deny under oath. This could be used to aid in identifying any aspects of the case that require additional investigation, for example, witness testimony or medical documents. The Litigation Period In many civil law countries, there are laws called statutes of limitations. They stipulate that a lawsuit has to be filed within a specific time frame after an injury, or else the right of action will expire. This is sometimes referred to as being “time barred.” The statute of limitations is different based on the country and the type of case. Lauderhill injury lawyers of them allow plaintiffs for a breach of contract or personal injury to bring a suit within a specified amount of time after the event that caused injury. It is sometimes difficult to determine the exact date of the statute of limitations when the clock begins to tick. It is based on the date that the damage was caused or the date that the damage was discovered. It could also be based on the date that a judge will consider a person to be reasonably could have realized that they had been injured (such as when it is an undiagnosed mental condition or an illness that is not readily apparent). The clock will start to run from the date that the injury was discovered or the date the plaintiff should have realized the injury. A court may extend or reduce the statute of limitations in special circumstances. For example, if a doctor performs an operation on a patient, and then accidentally removes their spleen as part of the procedure, this could be considered medical malpractice. As such, the patient may be subject to an extended two-year limitation. The parties will present their arguments to a judge and the judge will take an informed decision based on the evidence presented. This decision will be a written judgment written in writing and will spell out the facts the judge found proved and the legal implications that result from these facts. The judgment will also contain guidelines as to who is responsible for the amount. In most cases the plaintiff will be required to pay the damages if awarded and the defendant will be ordered to pay all costs associated with the trial. If the judge determines that the defendant is at fault and they are found to be at fault, they could also be ordered to pay lawyer's fees of a plaintiff. Negotiation In the process of litigation parties often try to reach a settlement of the case. This is done to save money, for instance court costs, expert witness fees, etc. This could also save you time and the stress that comes with going to court. The goal of settlement negotiations is to reach an amount that covers all your 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 often try to lowball you and not pay you what you are due. This is the reason you should be able to count on a seasoned personal injury lawyer like those at Salvi, Schostok & Pritchard P.C. and be on your side during this procedure. Negotiation is a voluntary, dispute resolution process that can take many forms. It may occur during the course of litigation or after a jury has reached an agreement in a trial. It is a common process that occurs on all levels of society, both on an individual level as well as at the corporate and governmental levels.