How Do Injury Lawsuits Work?
Although every injury case is unique, the majority of cases follow a similar pattern. The first step is to seek immediate medical attention. It is crucial to seek medical attention immediately because some injuries like concussions might not be accompanied by any symptoms.
Your lawyer will then draft 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), use to describe the way in which the defendant's actions or inaction directly caused your injuries. The complaint includes the demand for relief that is the monetary amount that you are seeking 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), costs, punitive damages and interest.
It is recommended to get an injury lawyer to prepare your Complaint to ensure that it conforms to the specific rules of the court which you are trying to litigate. This is especially true if your case could be challenged by the insurance company of the opposing party which has lawyers who are experienced in handling such cases.
After your Complaint is prepared and filed in the appropriate court, and then personally delivered to the person or entity who caused you harm. This is called service of Process and ensures that your Complaint is accompanied by your request for damages.
When the defendant is served with the copy of the Complaint the defendant must respond to it within a specific timeframe or risk being found to be in breach of their obligation to pay you. The defendant's response can take the form of a formal Answer to the Complaint, a Motion Dismiss or a Counterclaim.
After the defendant has filed their response to your Complaint, both sides will begin exchanging documents in preparation for discovery. This is an important step for your attorney to collect details and evidence regarding how the accident happened, 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. Your lawyer will ask the defendant a series questions to confirm or refuse their answers under oath. This could be used to assist in identifying any areas of the case that may require additional investigation, for example, witness testimony or medical documents.
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In many civil law countries, there are laws known as statutes of limitation. These laws stipulate that the lawsuit must be filed within a specific time after the injury or else the right to sue will be lost. This is sometimes referred to as "time barred."
The statute of limitations can differ based on the country, and the nature of the case. The majority of them allow plaintiffs for a breach of contract or personal injury to file a lawsuit within a specified number of years from the incident which caused 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 of the harm or the date the damage is discovered. It might be based on the date that a judge would consider that a person reasonably should have discovered that they were harmed (such as when it's an undiagnosed mental condition or a hidden illness).
The clock will begin to count down from the date on which the harm was committed, or from the day on which the harm was discovered by the plaintiff. Sometimes, a court can extend the time limit or toll it in certain circumstances. Medical malpractice could be a case where a doctor accidently removes the spleen of a patient during an operation. As such, the patient could be subject to an extended two-year limitation.
The judge will make a decision on the basis of the evidence presented by the parties. The decision will be a written judgment written and will set out the facts that the judge found proved and the legal implications that result from these facts. The judgment will then contain specific instructions regarding who will pay what amounts. The plaintiff is typically ordered to pay for the damages awarded, and the defendant to pay for the expenses of the trial. If the judge finds that the defendant is in fact at fault then the defendant could be ordered to pay the legal fees of the plaintiff.
Negotiation
During the litigation process parties will usually try to reach a compromise on the case. This is typically done to reduce costs like court fees, expert witnesses, etc. This could also save you time and the stress that comes with going to court. Settlement negotiations aim at reaching a settlement that covers your losses, which include medical bills, lost income and pain and discomfort. It can also include the compensation for a family member's loss in wrongful death cases. Remember that the insurance company is often trying to underpay you. This is why you should have an experienced personal injury lawyer, such as those at Salvi, Schostok & Pritchard P.C. On your side throughout this process.
Negotiation is a non-binding, dispute resolution procedure that can take many forms. It may occur during the course of litigation or after a jury has reached the verdict of a trial. It's a procedure that happens at all levels of society, both at an individual and a corporate level.