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How Do Injury Lawsuits Work? While every injury differs, the majority have a common pattern. The first step is seeking medical treatment as soon as it is possible. This is important because some injuries, such as concussions, might not show any obvious symptoms. Then, your lawyer will draft and send an agreement demand letter to the negligent party's insurance company. This will start the negotiation process for settling your claim. The Complaint The complaint is the legal document that you (the plaintiff), use to describe the way in which the defendant's actions or inaction directly caused your injuries. The complaint also contains a demand for compensation, which is an amount of money you wish to receive from the defendant in exchange for your losses. The complaint also includes a request for a declaration judgment, an injunctive order, actual and compensatory damages (monetary), punitive damage, costs, and interest. It is a good idea have an injury lawyer prepare your Complaint to ensure that it conforms to the specific rules of the court in which you are arguing. 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 experience in handling such 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 known as service of process. It guarantees that the defendant is given the Complaint in its entirety, including your demand for damages. The defendant must respond within a specified time period after receiving a copy of your Complaint. Otherwise they could be found to be in breach of their obligations to you. The defendant can respond in the form of an official answer to the Complaint or motion to dismiss or counterclaim. When Tuscaloosa injury lawyer files their response to your Complaint The parties will then begin exchanging information for pre-trial discovery. Your lawyer will have to collect evidence and details regarding the accident the injuries you sustained and the losses you suffered. One of the most important tools used by your lawyer for injury during this phase is something called a Request for admission. Your lawyer will ask the defendant a series of questions to verify or deflect their answers under oath. This can be used as a tool to pinpoint areas of the case which require further investigation, for example witness testimony or medical records. The Litigation Period In many civil law countries there are laws that are called statutes of limitation. These laws state that a lawsuit must be filed within a specific time period after the occurrence of an injury or the right of action will expire. This is sometimes called “time barred.” The statute of limitations varies based on the country and the nature of the case. However, the majority of them allow plaintiffs to sue over a breach of contract or personal injury within a period of years after the event that caused the injury. When the clock starts ticking on the date of the time limit, it can be confusing to know exactly when the deadline will be. It is based on the date the injury was incurred or the date the damage was discovered. It could also be based upon the date a court will consider to be the date that an individual reasonably should have discovered they were harmed. The clock will begin counting down from the day on which the harm was committed, or from the day when the damage should have been discovered by the plaintiff. A court can sometimes extend or toll the statute of limitations in special circumstances. For instance the case where a doctor is performing an operation on a patient and accidentally removes their spleen in the process, it would qualify as medical negligence. This means that the patient could have an extended two-year limitation. The parties will present their arguments before an impartial judge, and the judge will make a decision based on the evidence presented. This decision will be a judgment that is written and will set out the facts that the judge found proved, and the legal conclusions that flow from those facts. The judgment will then include specific instructions regarding who will pay what amounts. Typically, the plaintiff will be required to pay the damages if awarded and the defendant will be required to pay for all costs associated with the trial. If the judge determines 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 will often attempt to reach a compromise on the case. This is usually done to reduce costs like court fees and expert witnesses, for instance. It also helps to reduce time and stress of going to trial. Settlement negotiations are designed to help you in settling for a sum that covers your losses including medical bills, lost income and discomfort and pain. In wrongful death cases, compensation can also be paid for the loss of a deceased relative. Be aware that insurance companies will often try and underpay you. It is essential to have a personal injury lawyer with experience, such as the ones at Salvi Schostok & Pritchard P.C. to help you. Negotiation is a non-formal, voluntary process for resolving disputes. It can take various forms. It can occur during trial or after a jury has reached the verdict of an investigation. It is a process that happens at every level of society – both on an individual and corporate level.