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How Do Injury Lawsuits Work? Every injury is unique, but the majority of them have a common pattern. The first step is to seek medical attention as soon as possible. This is important because some injuries, such as concussions may not have any obvious symptoms. Next, your lawyer will draft and send a settlement demand letter to the responsible party's insurance company. This will begin the process of negotiation to settle 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 inaction directly caused your injuries. The complaint also includes the demand for compensation, which is the amount you would like to receive from the defendant for your losses. It also includes a demand for declaratory judgment and injunctive relief, as well as compensatory and actual damages (monetary) and punitive damages, costs and interest. It is a smart idea to hire an injury lawyer to prepare your Complaint to ensure it complies with all rules of the court where you will be litigating. This is especially true when you are involved in a case that may be challenged by the insurance company of the opposing company which 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 injured you. This is known as service of Process and guarantees that your Complaint contains your claim for damages. After the defendant has received a copy of the Complaint and is required to respond 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 to Dismiss or a Counterclaim. Both sides will exchange documents to prepare for trial. This is a crucial stage for your attorney to gather details and evidence regarding how the accident occurred and the extent of your injuries, and the amount of your losses. One of the most important tools used by your lawyer for injury in this phase is called a Request for Admission. Laredo injury lawsuit will ask the defendant a series of questions to verify or deny their answers under oath. This can be used to pinpoint areas of the case that require more investigation, such as witness testimony or medical records. The Litigation Period In most civil law countries there are laws referred to as statutes of limitations. They stipulate that a lawsuit must be brought within a certain time period after the injury or otherwise the right to sue will expire. This is commonly referred to as being “time barred.” The statute of limitations is different based on the country and the type case. The majority of them allow plaintiffs for a breach in contract or personal injury to sue within a specified amount of time after the incident which caused injury. It is sometimes difficult to determine the exact date of the statute of limitations at the time the clock begins to tick. It will be based on the date of the incident, or the date that the damage is discovered. It may also be based on the date a court would consider that an individual could reasonably have known they were injured. The clock will begin counting down from the date on which the harm was committed or from the day when the damage was discovered by the plaintiff. A court may extend or impose a suspension on the statute of limitations in special circumstances. For example the case where a doctor is performing an operation on a patient and accidentally removes their spleen as part of the procedure, this could be considered medical malpractice. In this case, the patient could have an extended limitation of two years. The parties will present their case to an impartial judge and the judge will take an assessment on the basis of the evidence presented. The written decision will contain the facts the judge has determined to be true and the legal implications that result from them. The judgment will then contain directions as to who should pay what amounts. Typically, the plaintiff will be required to pay any damages granted and the defendant will be ordered to cover all costs incurred with the trial. If the judge decides that the defendant is at fault then the defendant could be ordered to pay the plaintiff's legal costs. Negotiation In the process of litigation, parties will often attempt to settle the case. This usually happens to reduce costs such as court fees and expert witnesses, for instance. It can also save you time and the stress that comes with going to court. The aim of settlement negotiations is to negotiate an amount that will cover all losses, including medical expenses, lost wages, and suffering and pain. In wrongful death claims there is also the possibility of compensation being paid for the loss of a family member who has passed away. Remember that the insurance company is often trying to underpay you. It is crucial to have a personal injury lawyer with experience, such as the ones at Salvi Schostok & Pritchard P.C. on your side. Negotiation is a non-binding, dispute resolution process that can take a variety of forms. It can occur during the litigation process or after a verdict is reached by a jury during a trial. It is a common occurrence that occurs on all levels of society, both on an individual basis as well as on a corporate and government levels.