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How Do Injury Lawsuits Work? Each injury is unique, but the majority of them follow a similar pattern. The first step is seeking medical attention as soon as possible. This is crucial because some injuries, like concussions, might not show any obvious signs. Next, your lawyer will draft and send an agreement demand letter to the responsible party's insurance company. This will initiate the process of negotiation to settle your claim. The Complaint The complaint is the legal document that you (the plaintiff), use to describe the manner in which the defendant's actions, or inaction directly led to your injuries. The complaint also contains an offer for compensation, which is the amount you would like to receive from the defendant for your damages. The complaint also contains a request for a declaratory 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 have an injury lawyer prepare your complaint to ensure it conforms to the specific guidelines of the court in which you are litigating. This is particularly true when your case may be challenged by the insurance company of the opposing party that has lawyers who have experience in handling such cases. Your Complaint will be prepared and filed with the appropriate court. Then, it will be personally delivered to the person who injured you. This process is called service of process and it ensures that the defendant receives your Complaint, including your request for damages. Once the defendant receives a copy of the Complaint the defendant must respond within a specified time 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 an Motion to Dismiss or a counterclaim. Both sides will share documents to prepare for trial. Your lawyer will have to collect evidence and details about the accident as well as your injuries and your losses. One of the most important tools available to your lawyer for injury during this stage is called a Request for admission. Your lawyer will interview the defendant with a series of questions to verify or deflect their answers under an 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. The Litigation Period In the majority of civil law nations there are laws that are known as statutes of limitation. These laws stipulate that a lawsuit must be filed within a certain time period following an injury or else the right to pursue action will expire. This is commonly referred to as being “time barred.” The time limit for a lawsuit differs based on the nation and the type of case. However, Santa Clarita injury lawyer allow plaintiffs to sue for a breach of contract or personal injury within a certain number of years after the incident that caused the injury. It can be difficult to determine the exact date of the statute of limitations when the clock begins to tick. It is based on the date of the incident or the date the damage is discovered. It could also be based on the date that a court would consider that an individual reasonable ought to have realized that they had been harmed. The clock will begin counting down from the date on which the harm occurred or from the day when the damage ought to have been discovered by the plaintiff. A court may sometimes extend or impose a suspension on the statute of limitations in specific circumstances. For instance when a doctor performs an operation on a patient, and then accidentally removes their spleen during the procedure, this could qualify as medical malpractice. The patient may be entitled to a two-year extension. The judge will make his decision based on evidence presented by the parties. The decision will be a written judgment in writing and will set out the facts which the judge determined to be true, and the legal conclusions that result from these facts. The judgment will include instructions on who is accountable for the amount. The plaintiff is typically ordered to pay for the damages paid, while the defendant is ordered to pay for the expenses of the trial. If the judge finds that the defendant is responsible, the defendant may be ordered to pay the plaintiff's legal costs. Negotiation In the course of litigation, parties will often attempt to reach a compromise on the case. This is typically done to save money on costs like court fees as well as expert witnesses. It also helps to reduce time and the anxiety of having to go to trial. Settlement negotiations aim at reaching a settlement that covers your losses, which include medical expenses, lost income and pain and discomfort. It can also include the compensation for a family member's loss in wrongful death cases. It is important to remember that the insurance company of the at fault party will often try to lower your compensation and will not pay the amount you deserve. This is why you should have an experienced personal injury lawyer like those at Salvi, Schostok & Pritchard P.C., 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 verdict has been made by a jury in a trial. It is a common process that can occur at all levels of society, both on an individual level and at corporate and government levels.