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Each injury is unique, however, the majority follow a similar 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 begin the negotiation process to settle your claim.
The Complaint
In a lawsuit the complaint is the legal document in which you (the plaintiff) explain what actions of the defendant or lack of action caused your injuries. The complaint also contains an offer for compensation that is an amount of money you wish to be paid by the defendant for your damages. The complaint also contains a request for a declaratory judgment, an injunctive order as well as compensatory and actual damages (monetary) and punitive damages, costs, and interest.
It is a smart idea to engage an injury lawyer to prepare your Complaint in order to ensure it is in line with the rules of the court where you will be litigating. This is especially important when your case may be challenged by the insurance company of the opposing party, which has lawyers with experience in handling such cases.
Your Complaint will be prepared and filed with the appropriate court. It will then be personally delivered to the person who injured you. This is known as service of Process and ensures that your Complaint is accompanied by the demand for damages.
When the defendant is served with the copy of the Complaint and is required to respond within a certain time frame or risk being found to be in breach of their obligation to pay you. The defendant's response may 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. Your attorney will need to collect evidence and details regarding the accident as well as your injuries and your losses.
One of the most important tools for your injury lawyer during this stage is called a Request for Admission. Your lawyer will ask the defendant a series questions to verify or deny their answers under the oath. This could be used to aid in identifying any aspects of the case that might require further investigation, such as witness testimony or medical documents.
The Litigation Period
In many civil law countries there are laws called statutes of limitations. These laws stipulate that a lawsuit has to be filed within a specific time frame after an injury or else the right to sue will expire. This is often referred to as "time barred."
Statutes of limitations vary depending on the country and 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.
When the clock begins to tick on the date of the time limit it can be a bit confusing to figure out exactly when the deadline will be. It is based on the date that the harm was caused or the date the damage was discovered. It could be based on the date that a judge would consider a person to be reasonably could have realized that they were injured (such as when it is an undiagnosed mental condition or a hidden illness).
The clock will begin to run from the date that the injury occurred or the day the plaintiff would have discovered the damage. A court may sometimes extend or toll the time limit in certain circumstances. For instance the case where a doctor is performing an operation on a patient and accidentally removes their spleen in the process, this would qualify as medical negligence. The patient could be entitled to a two-year extension.
The judge will make a decision on the basis of evidence provided by the parties. The judge's decision will be a judgment in writing and will set out the facts that the judge found proved and the legal implications that result from these facts. The judgment will then include instructions on who should pay what sums. Usually the plaintiff will be required to pay for any damages granted and the defendant will be required to pay all costs associated with the trial. If the judge finds that the defendant was responsible in the case, they may be ordered to pay claimant's attorney fees.
Negotiation
In the process of litigation, parties will often attempt to reach a settlement of the case. This is done to save money, like on court fees and expert witness fees and so on. This could also reduce time and the stress of going to court. Settlement negotiations are designed to help you in getting a settlement that will cover your losses, including medical expenses, lost income and pain and discomfort. It can also include the compensation for a family member's loss in the case of wrongful deaths. Be aware that insurance companies will often attempt to 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 voluntary dispute resolution process that can take a variety of forms. It can occur during the litigation process or after a decision is reached by a jury during the course of a trial. It is a regular process that can occur at all levels of society, both at an individual level and at governmental and corporate level.