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How Do Injury Lawsuits Work? While every injury case is unique, the majority of cases follow a similar pattern. The first step is to seek medical treatment as soon as it is possible. This is vital because certain injuries, such as concussions might not show any obvious signs. Your lawyer will then draft and send an insurance demand letter to the responsible party. This will start the negotiation process to settle your claim. The Complaint The complaint is the legal document you (the plaintiff) will use to explain the way in which the defendant's actions or inaction directly led to your injuries. Memphis contains the demand for compensation in the form of a monetary amount you want to be paid by the defendant for your losses. The complaint also contains a request for a declaratory judgment, an injunctive order as well as compensatory and actual damages (monetary), punitive damage costs, interest, and punitive damage. It is a smart move to employ an injury lawyer to write your Complaint to ensure it adheres to all the rules of the court where you will be arguing. This is especially true when you're involved in a case that could be contested by the insurance company, which has its own lawyers with specialized expertise in handling these cases. When your Complaint has been prepared, it will be filed in the appropriate court, and then personally delivered to the person or entity who caused you harm. This is known as service of Process and guarantees that your Complaint includes your claim for damages. The defendant must respond within a certain timeframe after receiving a copy of your Complaint. If they don't, they risk being found in violation of their obligations to you. The defendant's response may take the form of a formal Answer to the Complaint, a Motion Dismiss or a Counterclaim. Both sides will share documents to prepare for trial. Your attorney will be required to gather evidence and information about the incident the injuries you sustained and the losses you suffered. A Request for Admission is among the most effective tools your injury lawyer can utilize during this stage. Your lawyer will ask the defendant a series questions to verify or deny their answers under an oath. This could be used to assist in identifying any areas of the case that require additional investigation, for example, witness testimony or medical documents. The Litigation Period In most civil law countries there are laws known as statutes of limitations. These laws state that a lawsuit must 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.” The statute of limitations is different based on the country and the type case. Most of them permit plaintiffs in a breach in contract or personal injury to sue within a certain amount of time after the incident which caused injury. It can be difficult to determine the exact date of the statute of limitations, when the clock begins to tick. It will be based on the date of the harm or the date the damage is discovered. It may also be based on the date a court will consider to be the date that an individual reasonable ought to have realized that they had been harmed. The clock will begin to count down from the day when the incident was committed or from the date that the injury was discovered by the plaintiff. Sometimes, a court can extend the time period for a statute of limitations, or toll it for special circumstances. Medical malpractice would be a case where a doctor accidentally removes a patient's spleen during an operation. The patient may be entitled to a two-year extension. The parties will present their case to an individual judge, and the judge will take an informed decision in accordance with the evidence submitted. This written decision will include the facts the judge has determined to be true and the legal conclusions that follow from the facts. The judgment will then include instructions on who should pay what sums. In most cases the plaintiff will be required to pay the damages if granted and the defendant will be required to pay for all costs associated with the trial. If the judge finds that the defendant is at fault and the defendant is found to be at fault, the defendant could be ordered to pay the claimant's legal fees. Negotiation In the process of litigation parties will usually try to reach a settlement of a case. This is done to save money, for instance on court fees, expert witness fees, and so on. This could also help you avoid the stress of going to court. Settlement negotiations are aimed at settling for a sum that covers your losses, which include medical bills loss of income, discomfort and pain. It can also include the compensation for a family member's loss in wrongful death cases. Remember that the insurance company will often try and underpay you. This is the reason you should have an experienced personal injury lawyer, such as the ones at Salvi, Schostok & Pritchard P.C. and be on your side throughout this process. Negotiation is a voluntary, dispute resolution procedure that can take a variety of forms. It can take place during the litigation process or after a decision is made by a jury in the course of a trial. It is a common process that can occur at all levels of society, both on an individual level as well as at the corporate and governmental levels.