How Do Injury Lawsuits Work?
While every injury case is different, most have a common pattern. The first step is to get prompt medical attention. It is crucial to seek medical attention as soon as you can because some injuries like concussions might not be accompanied by any symptoms.
Your lawyer will prepare and mail a settlement demand letter to the responsible party's insurance company. This will start the negotiation process for settling your claim.
The Complaint
In a lawsuit, the complaint is the legal document in which you (the plaintiff) write about what actions of the defendant or lack of action directly caused your injuries. The complaint also includes the demand for compensation in the form of the amount you would like to be paid by the defendant for your losses. The complaint also contains a request for declaratory judgment and injunctive relief, as well as compensatory and actual damages (monetary) and costs, punitive damages, and interest.
It is a smart move to engage an injury lawyer to prepare your Complaint to ensure that it is in line with the rules of the court where you are suing. This is especially important in the event that your case is challenged by the insurance company of the opposing party that has lawyers who have experience in handling such cases.
When your Complaint has been prepared and filed in the appropriate court and 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 the demand for damages.
The defendant must respond within a specified time frame after receiving a copy of your Complaint. In the event that they fail to do so they may be found in breach of their obligations to you. The defendant may respond in the form of an official answer to the Complaint or a Motion to dismiss or a counterclaim.
After the defendant files their response to your Complaint, both sides will begin exchanging documents in preparation for discovery. This is an important step for your lawyer to gather information and evidence on how the accident occurred and the extent of your injuries as well as the extent of your losses.
One of the most important tools used by your injury lawyer during this stage is called a Request for admission. This is a series of questions that your attorney will ask the defendant to agree to or not admit under an oath. This can be used to pinpoint areas of the case which require further investigation, for example witness testimony or medical records.
The Litigation Period
In most civil law countries, there are laws called statutes of limitations. These laws state that a lawsuit must be filed within a specified time period after the occurrence of an injury, or else the right to sue will expire. This is often known as being "time barred."
The statute of limitations can differ based on the country of origin, as well as the type of case. However, the majority of them allow plaintiffs to sue over a breach of contract or personal injury within a certain number of years after the incident that caused the injury.
As the clock begins to tick on the deadline it can be a bit confusing to determine precisely when the deadline is. It is based on the date of the harm, or the date that the damage is discovered. It could also be based on the date that a judge will consider that a person reasonably ought to have realized that they were injured (such as when it is a latent mental condition or a hidden illness).
The clock will start to run from the day the incident occurred or the day the plaintiff should have realized the damage. A court may sometimes extend or reduce the statute of limitations in specific circumstances. For example when a doctor performs an operation on a patient but accidentally removes their spleen as part of the process, it would qualify as medical malpractice. The patient could 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 judgment that is in writing and will set out the facts which the judge determined to be true and the legal conclusions which are derived from these facts. The judgment will then include directions as to who should pay what sums. Typically the plaintiff will be required to pay the damages if granted and the defendant will be required to pay all costs associated with the trial. If the judge decides that the defendant is responsible then the defendant could be ordered to pay the legal fees of the plaintiff.
Negotiation
In the process of litigation parties often try to settle the case. This is usually done to save money on costs such as court fees, expert witnesses, etc. You Tube helps to reduce time and anxiety of having to go to trial. The goal of settlement negotiations is to negotiate an amount that will cover all your losses, which includes medical bills, lost wages and suffering and pain. It may also include compensation for a deceased family member's loss in the case of wrongful deaths. Be aware that insurance companies will often try and underpay you. This is the reason you should be able to count on a seasoned personal injury lawyer such as the ones at Salvi, Schostok & Pritchard P.C., on your side throughout this process.
Negotiation is a non-formal process of settling disputes. It can take on numerous forms. It may occur in the course of trial or after a jury has reached the verdict of an investigation. It is a common process that takes place at all levels of society, both at an individual level and at corporate and government levels.