How Do Injury Lawsuits Work?
Every injury is unique, but the majority follow a similar pattern. The first step is to seek immediate medical attention. This is crucial because some injuries, such as concussions, might not present any obvious symptoms.
Next, your lawyer will draft and send an agreement demand letter to the negligent party's insurance company. This will start the negotiation process to settle your claim.
The Complaint
The complaint is the legal document that you (the plaintiff), use to describe how the defendant’s actions or inaction directly caused your injuries. The complaint also includes an offer for compensation in the form of the amount you would like to receive from the defendant for your losses. The complaint also contains a request for declaratory judgment, injunctive relief, compensatory and actual damages (monetary) and costs, punitive damages and interest.
It is a smart idea to employ an injury lawyer to prepare your Complaint to ensure it is in line with the regulations of the court that you will be arguing. This is especially important when you're involved in a case that could be contested by the opposing party's insurance company which has its own lawyers who are specialized in 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 called service of Process. It ensures that your Complaint contains your claim for damages.
The defendant must respond within a specified time period after receiving a copy of your Complaint. If they don't they may be found in violation of their obligation to you. The defendant's response could be in the form of a formal answer to the Complaint, a Motion to Dismiss or a Counterclaim.
Both sides will share documents to prepare for trial. Your attorney will be required to collect evidence and details about the incident, your injuries, and the losses you suffered.
One of the most important tools available to your injury lawyer during this phase is something known as a Request for Admission. This is a series of questions that your lawyer will request the defendant to answer or deny under an oath. This can be used to pinpoint areas of the case which might require more investigation, such as witness testimony or medical records.
The Litigation Period
In the majority of civil law countries there are laws referred to as statutes of limitations. They stipulate that the lawsuit must be filed within a specific time after an injury, or else the right to sue will end. This is sometimes referred to as "time barred."
The statute of limitations varies depending on the country and the type of case. However, most of them allow plaintiffs to sue for breach of contract or personal injury within a period of years following the event that caused the injury.
It can be 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 could also be based upon the date that a court would consider that an individual reasonably should have discovered they were injured.
The clock will begin to run from the day the harm was discovered or the date the plaintiff should have realized the damage. A court may sometimes extend or impose a suspension on the time limit in certain circumstances. For example the case where a doctor is performing an operation on a patient and accidentally removes their spleen as part of the process, this would be considered medical negligence. In this case, the patient could have an extended two-year limit.
The parties will present their cases to an individual judge, and the judge will make a decision based on the evidence presented. The judge's decision will be a judgment written and will set out the facts which the judge found proved, and the legal conclusions that result from these facts. The judgment will contain instructions regarding who is responsible for what amount. The plaintiff is typically ordered to pay the damages that are awarded, and the defendant to pay for the expenses of the trial. If the judge decides that the defendant was responsible in the case, they may be ordered to pay a attorney's fees for a claimant.
Negotiation
During the litigation process parties often try to settle a case. This is done to save money, like on court fees and expert witness fees etc. It also reduces time and the anxiety of having to go to trial. Settlement negotiations are designed to help you in settling for a sum that covers your losses including medical expenses loss of income, pain and discomfort. It can also include the compensation for a family member's loss in the case of wrongful deaths. Be injury accident lawyers that insurance companies is often trying to underpay you. This is why you should employ a skilled personal injury lawyer like the ones at Salvi, Schostok & Pritchard P.C., on your side during this procedure.
Negotiation is a non-formal, voluntary process for resolving disputes. It can take on numerous forms. It can occur in the course of the course of litigation or after a jury has reached an agreement in the course of a trial. It is a common process that can occur at all levels of society, both at an individual level and at the corporate and governmental levels.