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How Do Injury Lawsuits Work? Each injury is unique but the majority have a common pattern. The first step is seeking medical attention as soon as possible. This is vital because certain injuries, such as concussions might not present any obvious symptoms. Your lawyer will then draft and send an insurance demand letter to the responsible party. This will start the process of negotiation to settle your claim. The Complaint In a lawsuit, the complaint is the legal document that you (the plaintiff) explain the way in which the defendant's actions or lack of action caused your injuries. The complaint also includes an offer for compensation in the form of an amount of money you wish to receive from the defendant for your losses. The complaint also includes a request for a declaratory judgment, an injunctive order as well as compensatory and actual damages (monetary) as well as punitive damages, costs, and interest. It is a good idea employ an injury lawyer to draft your Complaint so it adheres to the specific rules of the court in which you are trying to litigate. This is especially 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. Once your Complaint is completed and filed, it will be filed with the appropriate court, and then personally delivered to the person or entity who caused you harm. This is known as service of Process. It ensures that your Complaint contains the demand for damages. Once the defendant receives a copy of the Complaint and is required to respond within a specified time or risk being found to be in default of their obligation pay you. The defendant's response could be in the form of a formal Answer to the Complaint, a Motion Dismiss or a Counterclaim. Both parties will exchange documents to prepare for trial. This is a crucial stage for your attorney to collect information and evidence about the circumstances of the accident and the severity of your injuries as well as the extent of your losses. One of the most important tools for your injury lawyer during this phase is something called a Request for admission. It is a set of questions that your lawyer will ask the defendant to admit or to deny under oath. This can be used as a tool to pinpoint areas of the case which might require more investigation, such as witness testimony or medical records. The Litigation Period In many civil law countries there are laws that are referred to as statutes of limitation. They stipulate that the lawsuit must be filed within a specified time after an injury, or else the right to sue will be lost. This is sometimes referred to as being “time barred.” The statute of limitations differs based on the nation and the type of case. However, they generally allow plaintiffs to sue for breach of contract or personal injury within a number of years following the event that caused the injury. It is sometimes difficult to determine the exact date of the statute of limitations at the time the clock starts to tick. It is determined by the date the damage was caused or the date the damage was discovered. Phoenix injury attorneys could also be based upon the date that a judge would consider that an individual could reasonably have known they had been harmed. The clock will begin counting down from the day that the damage was committed, or from the day when the damage should have been discovered by the plaintiff. Sometimes, a court will extend the time limit or call it off in specific circumstances. Medical malpractice is the case when a doctor mistakenly removes a patient's spleen during an operation. The patient could be entitled to an extension of two years. The judge will make a decision on the basis of the evidence presented by the parties. This written decision will include the facts that the judge has found to be true and the legal conclusions that flow from them. The judgment will also contain guidelines as to who is responsible for the amount. The plaintiff is usually ordered to pay for the damages that are awarded, and the defendant to pay the costs of the trial. If the judge decides that the defendant is responsible then the defendant could be ordered to pay the claimant's legal fees. Negotiation In the course of litigation, parties will often attempt to settle the case. This is done to save money, such as court costs, expert witness fees, etc. It also helps to reduce time and the anxiety of going to trial. The goal of settlement negotiations is to settle for the amount that covers all your losses, including medical expenses, lost wages and pain and suffering. It could 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 usually try to lowball you and not pay what you deserve. It is crucial to have a personal injury lawyer who has experience, like those at Salvi Schostok & Pritchard P.C. to help you. Negotiation is an informal process of settling disputes. It can take on many forms. It may occur during litigation or after a jury has come to the verdict of an investigation. It is a common process that can occur at all levels of society, both at an individual basis as well as on a governmental and corporate level.