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How Do Injury Lawsuits Work? While Upland injury attorney 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 show any obvious symptoms. Your lawyer will prepare and send an insurance demand letter to the negligent party. This will start the negotiation process to settle your claim. The Complaint In a lawsuit the complaint is the legal document that you (the plaintiff) write about how the defendant's actions or lack of action directly caused your injuries. The complaint also contains a demand for compensation that is the amount you would like to receive from the defendant for your damages. The complaint also contains a request for declaratory judgment or injunctive relief, compensation and actual damages (monetary), punitive damages, costs and interest. It is a smart idea to employ an injury lawyer to prepare your Complaint to ensure that it is in line with the rules of the court in which you will be arguing. This is especially true if you are involved in a matter that could be challenged by the insurance company that has its own lawyers who are specialized in experience handling such cases. After your Complaint is prepared and filed, it will be filed with the appropriate court, and then personally delivered to the person or entity who injured you. This is known as service of Process. It ensures that your Complaint includes the demand for damages. The defendant must respond within a specified time frame after receiving a copy of your Complaint. In the event that they fail to do so, they risk being found in violation of their obligation to you. The defendant can respond in the form of an official Answer to the Complaint or a Motion to dismiss or counterclaim. After the defendant files their response to your Complaint, both sides will begin exchanging documents in preparation for discovery. Your attorney will be required to gather evidence and information about the accident, your injuries, and the losses you suffered. A Request for Admission is among the most useful tools your injury lawyer can use during this stage. Your lawyer will ask the defendant a series of questions to verify or refuse their answers under oath. This could be used to assist in identifying any areas of the case that may require further investigation, such as medical records or witness testimony. The Litigation Period In most civil law countries there are laws known as statutes of limitations. These laws stipulate that the lawsuit must be filed within a specified time following an injury, or else the right to sue will be lost. This is often referred to as “time barred.” The statute of limitations can differ based on the country and the nature of the case. However, most of them allow plaintiffs to sue over a 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 is based on the date the damage was caused or the date the damage was discovered. It could be based on a date that a judge would think a person reasonable ought to have realized that they were injured (such as when it is a latent mental condition or a hidden illness). The clock will begin counting down from the date when the incident was committed or from the date on which the harm should have been discovered by the plaintiff. Sometimes, a court will extend the statute of limitations or call it off in specific circumstances. Medical malpractice would be an instance where a physician accidently removes the spleen of a patient during an operation. The patient may be entitled to a two-year extension. The judge will make his decision on the basis of the evidence presented by the parties. The written decision will contain the facts that the judge has found to be true, as well as the legal implications that result from them. The judgment will contain instructions as to who is responsible for what amount. Typically the plaintiff will be ordered to pay for any damages granted and the defendant will be required to pay for all costs associated with the trial. If the judge determines that the defendant is at fault then the defendant could be ordered to pay the claimant's legal fees. Negotiation During the litigation process, parties will often attempt to settle a case. This is typically done in order to reduce costs such as court fees and expert witnesses, for instance. It can also reduce time and the stress of going to court. Settlement negotiations are aimed at getting a settlement that will cover your losses, including medical expenses, lost income and discomfort and pain. In wrongful death cases there is also the possibility of compensation being paid in the event of the loss of a family member who has passed away. Remember that the insurance company is often trying to underpay you. This is why it is important to employ a skilled personal injury lawyer, such as those at Salvi, Schostok & Pritchard P.C., on your side during this process. Negotiation is a voluntary dispute resolution process that can take a variety of forms. It may occur during litigation or after a jury has reached the verdict of an investigation. It is a regular process that occurs on all levels of society, both on an individual level and at corporate and government levels.