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How Do Injury Lawsuits Work? While every injury is unique, the majority of cases have a common pattern. The first step is to seek immediate medical attention. It is important to seek medical attention right away because some injuries like concussions may not manifest any symptoms. Your lawyer will then prepare and send an insurance demand letter to the negligent party. This will begin the negotiation process to settle your claim. The Complaint The complaint is the legal document that you (the plaintiff) can use to explain the way in which the defendant's actions or inaction directly led to your injuries. The complaint contains an order for relief that is the monetary amount you want from the defendant in exchange for the damages you sustained. The complaint also contains a request for a declaration judgment, an injunctive or a restraining order and actual and compensatory damages (monetary) and punitive damages costs, interest, and punitive damage. It is a good idea employ an injury lawyer to draft your complaint to ensure it conforms to the specific guidelines of the court in which you are trying to litigate. This is especially important in the event that your case is challenged by the insurance company of the opposing party, which has lawyers who are experienced in handling such cases. Your Complaint will be drafted and filed with the appropriate court. Then, it will be personally delivered to the person who caused the injury. This is referred to as service of Process and guarantees that your Complaint is accompanied by the demand for damages. The defendant must respond within a certain timeframe after receiving a copy of your Complaint. In the event that they fail to do so they could be found in breach of their obligation to you. The defendant may respond by filing an official answer to the Complaint or an Motion to Dismiss or counterclaim. When the defendant files their response to your Complaint After that, both sides will begin exchanging documents in preparation for discovery. This is a crucial stage for your lawyer to gather information and evidence on the circumstances of the accident, the extent of your injuries as well as the amount of your losses. A Request for Admission is one of the most useful tools your injury lawyer can utilize in this phase. It is a set of questions your lawyer will request the defendant to answer or to deny under oath. This can be used to determine areas of the case which require investigation, such as witness testimony or medical records. The Litigation Period In many civil law countries there are laws that are called statutes of limitations. They stipulate that the lawsuit must be filed within a specified time following an injury, or otherwise the right to sue will end. This is sometimes called “time barred.” Statutes of limitations vary depending on the country, and the nature of the case. However, they generally allow plaintiffs to sue for a breach of contract or personal injury within a period of years following 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 begins to tick. It will be determined by the date of the incident, or the date that the damage is discovered. It could also be based on the date that a judge would decide that a person reasonable ought to have realized that they were harmed. The clock will begin counting down from the date when the incident was committed, or from the day that the injury ought to have been discovered by the plaintiff. Sometimes, a court will extend the time period for a statute of limitations, or toll it for special circumstances. Redwood City injury lawyer is a case where a doctor accidently removes the spleen of a patient during an operation. The patient could be entitled to an extension of two years. The parties will present their arguments to an impartial judge, and the judge will then make an informed decision on the basis of the evidence presented. The written decision will contain the facts that the judge has determined to be true, as well as the legal conclusions that flow from these. The judgment will then contain instructions on who should pay what amounts. The plaintiff is typically ordered to pay the damages paid, while the defendant is ordered to cover the costs of the trial. If the judge decides that the defendant was at fault in the case, they may be ordered to pay a lawyer's fees of a plaintiff. Negotiation In the course of litigation, parties will often attempt to settle the case. This usually happens in order to cut costs such as court fees, expert witnesses, etc. It can also help you avoid the stress that comes with going to court. The aim of settlement negotiations is to reach an amount that will cover all your losses, including medical bills, lost wages and pain and suffering. In wrongful death cases there is also the possibility of compensation being paid in the event of the loss of a deceased relative. It is crucial to keep in mind that the insurance company of the at fault party is likely to lowball you and not pay the amount you deserve. This is the reason you should be able to count on a seasoned personal injury lawyer like the ones at Salvi, Schostok & Pritchard P.C. On your side throughout this process. Negotiation is a voluntary, dispute resolution process that can take many forms. It can happen in the course of trial or after a jury has come to an agreement in an investigation. It's a procedure that happens at all levels of society – both at an individual and corporate level.