Are The Advances In Technology Making Injury Claims Better Or Worse?
How Do Injury Lawsuits Work?
Each injury is unique, but the majority of them follow a similar pattern. The first step is getting immediate medical attention. It is important to seek medical attention right away because some injuries like concussions may not manifest any symptoms.
Your lawyer will then prepare and send an insurance demand letter to the responsible party. This will begin the negotiation process for settling your claim.
The Complaint
The complaint is the legal document you (the plaintiff) can use to explain the manner in which the defendant's actions, or inaction directly caused your injuries. The complaint also includes an offer for compensation in the form of an amount of money you wish to be paid by the defendant for your damages. The complaint also contains a request for a declaration judgment, an injunctive decree, actual and compensatory damages (monetary) and punitive damages costs, interest, and punitive damage.
It is a smart idea to hire an injury lawyer to prepare your Complaint to ensure it adheres to all the regulations of the court that you will be litigating. This is especially important if your case could be challenged by the insurance company of the opposing party, which has lawyers with experience in handling such cases.
The Complaint will be written and filed with the appropriate court. Then, it will be personally delivered to the person who injured you. This is known as service of process. It ensures that the defendant receives a copy of your Complaint, including your request for damages.
When the defendant is served with a copy of the Complaint and is required to respond to it within a specific timeframe or risk being found to be in default of their obligation pay you. The defendant may respond by filing an official Answer to the Complaint, an Motion to Dismiss or a counterclaim.
Both parties will exchange documents to prepare for trial. This is an important step for your lawyer to gather details and evidence regarding how the accident happened and the extent of your injuries as well as the amount of your losses.
One of the most important tools used by your injury lawyer in this phase is called a Request for admission. Your lawyer will ask the defendant a series of questions to confirm or deflect their answers under the oath. This can be used to determine areas of the case that 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. These laws stipulate that a lawsuit must be filed within a specific time period following an injury, or else the right to pursue action will expire. This is often called "time barred."
The statute of limitations is different based on the country and the type of case. Most of them allow plaintiffs for a breach in contract or personal injury to sue within a certain 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 will be based on the date of the injury or the date the damage is discovered. It could also be based upon the date a court will consider to be the date that an individual could reasonably have known they were harmed.
The clock will begin to count down from the date that the damage was committed or from the date on which the harm was discovered by the plaintiff. A court may sometimes extend or toll the statute of limitations in special circumstances. For example the case where a doctor is performing an operation on a patient, and then accidentally removes their spleen during the process, this would be considered medical negligence. The patient may be entitled to an extension of two years.
The judge will make his decision based on evidence presented by the parties. This decision will be a written judgment in writing and will set out the facts the judge found proved and the legal implications that flow from those facts. The judgment will also contain guidelines on who is accountable for the amount. The plaintiff is typically ordered to pay for the damages paid, while the defendant is ordered to pay for the expenses of the trial. If the judge finds that the defendant is at fault, the defendant may be ordered to pay the legal fees of the plaintiff.
Negotiation
During the litigation, parties often try to settle the case. This is done to save money, for instance court costs, expert witness fees, etc. This can also reduce time and the stress of going to court. Ontario injury lawyers aim at settling for a sum that will cover your losses, including medical bills loss of income, pain and discomfort. It could also include the compensation for a family member's loss in the case of wrongful deaths. Be aware that insurance companies is often trying to underpay you. This is why you should employ a skilled personal injury lawyer such as those at Salvi, Schostok & Pritchard P.C. On your side throughout this process.
Negotiation is a voluntary dispute resolution process that can take many forms. It may occur in the course of litigation or after a verdict is reached by a jury in the course of a trial. It is a process that occurs at every level of society - at the individual and a corporate level.