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How Do Injury Lawsuits Work? Although every injury case is unique, the majority of cases have a common pattern. The first step is to get immediate medical attention. This is important because some 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 begin the process of negotiation to settle your claim. The Complaint In a lawsuit the complaint is the legal document in which you (the plaintiff) explain the way in which the defendant's actions or lack of action directly caused your injuries. The complaint includes an order for relief, which is the monetary amount you seek 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 punitive damages, costs and interest. It is a smart idea to engage an injury lawyer to draft your Complaint to ensure it complies with all regulations of the court that you are suing. This is especially true in the event that your case is challenged by the insurance company of the opposing party, that has lawyers who have experience in handling such cases. Your Complaint will be drafted and filed with the appropriate court. It will then be personally delivered to the person who injured you. This is known as service of process and it guarantees that the defendant is given the Complaint in its entirety, including your request for damages. The defendant must respond within a certain time frame after receiving a copy your Complaint. In the event that they fail to do so they could be found in violation of their obligations to you. The defendant may respond in the form of an official response to the Complaint, a Motion to dismiss or a counterclaim. Both sides will exchange documents to prepare for trial. This is a crucial step for your attorney to gather information and evidence about the circumstances of the accident, the extent of your injuries, and the amount of your losses. A Request for Admission is one of the most useful tools your injury lawyer can utilize during this phase. It is a set of questions your lawyer will request the defendant to answer or deny under oath. This could be used to aid in identifying any aspects of the case that may require further investigation, such as witness testimony or medical documents. Erie injury lawyer In many civil law countries there are laws that are known as statutes of limitations. These laws stipulate that a lawsuit has to be filed within a certain time period following an injury or else the right to sue will expire. This is often known as being “time barred.” Statutes of limitations vary depending on the country and the type of case. Most of them allow plaintiffs for a breach in contract or personal injury to bring a suit within a specified number of years from the incident that caused injury. As the clock begins to tick on a statute of limitations it can be a bit confusing to figure out precisely when the deadline is. It is determined by the date that the harm was caused or the date the damage was discovered. It could also be based on the date that a judge would decide that a person could reasonably have known they were injured. The clock will begin to count down from the day on which the harm was committed or from the day when the damage should have been discovered by the plaintiff. Sometimes, a court may extend the time limit or toll it in certain circumstances. Medical malpractice would be the case when a doctor accidentally removes a patient's spleen during an operation. The patient may be entitled to an extension of two years. The parties will present their case to a judge and the judge will then make a decision in accordance with the evidence submitted. This written decision will include the facts the judge has found to be true and the legal conclusions that flow from these. The judgment will then contain specific instructions regarding who will pay what amounts. The plaintiff is typically ordered to pay the damages awarded, and the defendant to cover the costs of the trial. If the judge determines that the defendant was at fault in the case, they may be ordered to pay a claimant's attorney fees. Negotiation In the process of litigation parties will usually try to reach a settlement of a case. This is typically done in order to cut costs such as court fees, expert witnesses, etc. It also helps to reduce time and the anxiety of going to trial. Settlement negotiations are aimed at reaching a settlement that covers your losses including medical expenses loss of income, pain and discomfort. In wrongful death claims there is also the possibility of compensation being paid in the event of the loss of a deceased relative. It is important to remember that the insurance company of the at-fault party is likely to lowball you and not pay what you deserve. It is crucial to find an injury lawyer with experience, such as those at Salvi Schostok & Pritchard P.C. on your side. Negotiation is a non-formal process of settling disputes. It can take on numerous forms. It can happen in the course of litigation or after a jury has reached the verdict of an investigation. It is a common process that takes place at all levels of society, both at an individual basis as well as on a the corporate and governmental levels.