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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 get prompt medical attention. This is vital because certain injuries, such as concussions might not show any obvious symptoms. Your lawyer will then prepare and send an insurance demand letter to the responsible party. This will begin the negotiation process to settle your claim. The Complaint The complaint is the legal document you (the plaintiff) will use to explain how the defendant’s actions or inaction directly caused your injuries. The complaint includes a demand for relief which is the financial amount that you are seeking from the defendant in exchange for your damages. It also includes a prayer for declaratory judgment and injunctive relief, as well as compensatory and actual damages (monetary), costs, punitive damages, and interest. It is a good idea to get an injury lawyer to prepare your complaint to ensure it conforms to the specific rules of the court which you are litigating. This is especially important if you are involved in a case that may be contested by the insurance company of the opposing company that has its own lawyers with specialized expertise in handling these cases. Your Complaint will be prepared and filed in the appropriate court. It will then be personally delivered to the person who caused the injury. This is known as service of Process and guarantees that your Complaint includes your request for damages. When the defendant is served with the copy of the Complaint, they must respond to it within a certain time frame or risk being found to be in default of their obligation to pay you. The defendant's response could be in the form of a formal Answer to the Complaint, a Motion Dismiss or a Counterclaim. After the defendant files their response to your Complaint, both sides will begin exchanging information for pre-trial discovery. Your lawyer will have to gather evidence and information about the accident, your injuries, and your losses. A Request for Admission is one of the most useful tools that your injury lawyer can use during this stage. Your lawyer will ask the defendant a series questions to verify or refuse their answers under an oath. This will assist in identifying any areas of the case that may require more investigation, like witness testimony or medical documents. The Litigation Period In most civil law countries there are laws referred to as statutes of limitations. These laws stipulate that lawsuits must be filed within a specific time frame after an injury, or else the right to pursue action will expire. This is often referred to as “time barred.” The statute of limitations can differ based on the country and the type of case. However, the majority of them allow plaintiffs to sue for a breach of contract or personal injury within a number of years after the event that caused the injury. As the clock begins to tick on the statute of limitations it can be difficult to figure out exactly when the deadline will be. It will be determined by the date of the incident or the date the damage is discovered. It might be based on the date that a judge will think a person reasonable ought to have realized that they were injured (such as when it's an undiagnosed mental condition or an illness that is not readily apparent). The clock will begin to run from the day that the injury occurred or when the plaintiff would have discovered the injury. Sometimes, a court may extend the time period for a statute of limitations, or toll it for special circumstances. For example the case where a doctor is performing an operation on a patient and accidentally removes their spleen in the process, this would be considered medical negligence. The patient could be entitled to an extension of two years. The parties will present their case before an impartial judge and the judge will then make an informed decision on the basis of the evidence presented. This decision will be a judgment that is written and will set out the facts which the judge deemed to be proven and the legal conclusions which are derived from these facts. The judgment will also contain directions as to who should pay what sums. The plaintiff is typically ordered to pay for the damages awarded, and the defendant to pay the costs of the trial. If the judge decides that the defendant is responsible and the defendant is found to be at fault, the defendant could be ordered to pay the legal fees of the plaintiff. Negotiation In the course of litigious period, parties usually try to settle a dispute. This is usually done in order to reduce costs such as court fees, expert witnesses, etc. It can also save time and anxiety of going to trial. The purpose of settlement negotiations is to settle for an amount that will cover all losses, including medical expenses, lost wages and pain and suffering. It may also include compensation for a deceased family member's loss in cases of wrongful death. Be aware that insurance companies is often trying to underpay you. Odessa injury lawsuit is important to have a personal injury lawyer with experience, such as the ones at Salvi Schostok & Pritchard P.C. on your side. Negotiation is an informal process that is voluntary to resolve disputes. It can take numerous forms. It can take place in the course of litigation or after a verdict has been reached by a jury during the course of a trial. It is a regular process that can occur at all levels of society, both at an individual basis as well as on a corporate and government levels.