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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 seek medical attention as soon as possible. This is crucial because some injuries, like concussions, might not present any obvious symptoms. Your lawyer will then draft and send an insurance demand letter to the responsible party. This will begin the process of negotiation to settle your claim. The Complaint The complaint is the legal document that you (the plaintiff) will use to explain how the defendant’s actions or inaction directly caused your injuries. The complaint also contains an offer for compensation, which is the amount you would like to receive from the defendant in exchange for your losses. It also includes a prayer for declaratory judgment, injunctive relief, compensatory and actual damages (monetary) as well as costs, punitive damages, and interest. It is a good idea to engage an injury lawyer to draft your Complaint to ensure it is in line with the rules of the court where you are suing. This is especially important if your case could be challenged by the insurance company of the opposing party, which has lawyers with experience in handling such cases. After your Complaint is prepared and filed in the appropriate court and personally delivered to the person or entity who caused you harm. This process is called service of process and it assures that the defendant gets a copy of your Complaint and your demand for damages. Once the defendant receives a copy of the Complaint and is required to respond within a specific timeframe or risk being found to be in default of their obligation to pay you. The defendant may respond by filing an official response to the Complaint or motion to dismiss or a counterclaim. Both parties will exchange documents to prepare for trial. This is a crucial step for your attorney to collect information and evidence about the circumstances of the accident, the extent of your injuries and the magnitude of your losses. One of the most important tools for your lawyer for injury in this phase is called a Request for admission. Your lawyer will ask the defendant a series of questions to verify or deflect their answers under oath. This can be used as a tool to identify areas of the case which may need more investigation, such as witness testimony or medical records. The Litigation Period In many civil law countries, there are laws referred to as statutes of limitation. They stipulate that lawsuits must be filed within a certain time period after the occurrence of an injury or else the right to pursue action will expire. This is sometimes called “time barred.” The statute of limitations varies based on the country and the nature of the case. However, most 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, when the clock starts to tick. It will be determined by the date of the injury or the date the damage is discovered. It could also be based on the date that a court will consider to be the date that an individual reasonable ought to have realized that they were harmed. The clock will begin to run from the day that the injury occurred or the day the plaintiff should have realized the injury. Sometimes, a court will extend the statute of limitations or toll it in certain circumstances. For example when a doctor performs an operation on a patient, and then accidentally removes their spleen in the process, it would be considered medical malpractice. As such, the patient could have an extended two-year limitation. The parties will present their case to a judge, and the judge will then make an informed decision in accordance with the evidence submitted. The written decision will contain the facts the judge has found to be true, as well as the legal implications that result from the facts. The judgment will then include instructions on who should pay what amounts. Typically the plaintiff will be required to pay the damages if that are awarded, while the defendant will be required to cover all costs incurred with the trial. If the judge finds that the defendant was responsible and they are found to be at fault, they could also be ordered to pay a claimant's attorney fees. www.youtube.com In the course of litigation, parties will often attempt to reach a settlement of a case. This is usually done in order to cut costs like court fees and expert witnesses, for instance. It also reduces time and anxiety of going to trial. The goal of settlement negotiations is to negotiate an amount that will cover all losses, including medical bills, lost wages and suffering and pain. It could also include the compensation for a family member's loss in cases of wrongful death. 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 such as the ones at Salvi, Schostok & Pritchard P.C. and be on your side during this process. Negotiation is a non-binding, dispute resolution procedure that can take a variety of forms. It can occur during the litigation process or after a decision is reached by a jury in 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 corporate and government levels.