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How Do Injury Lawsuits Work? While every injury is unique, the majority of cases have a common pattern. The first step is to seek medical attention as soon as possible. This is crucial because some injuries, such as concussions, might not present any obvious signs. Your lawyer will prepare and send an insurance demand letter to the negligent party. This will start the process of negotiation 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 includes an order for relief which is the financial amount you seek from the defendant to compensate for your damages. The complaint also includes the demand for a declaratory judgment, an injunctive decree and actual and compensatory damages (monetary) as well as punitive damages costs, interest, and punitive damage. It is a good idea employ an injury lawyer to draft your Complaint so it adheres to the specific rules of the court which you are trying to litigate. This is especially important in the event that your case is challenged by the insurance company of the opposing party which has lawyers who are experienced 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 process is called service of process. It guarantees that the defendant is given the Complaint in its entirety, including your request for damages. The defendant must respond within a specified timeframe after receiving a copy of your Complaint. If they don't they may be found in violation of their obligation to you. The defendant can respond by filing an official response to the Complaint, motion to dismiss or a counterclaim. When the defendant files their response to your Complaint The parties will then begin exchanging documents for pre-trial discovery. Topeka injury attorneys will have to collect evidence and details regarding the accident as well as your injuries and the losses you suffered. One of the most important tools for your injury lawyer in this phase is known as a Request for Admission. It is a set of questions your lawyer will request the defendant to answer or not admit under the oath. This could be used to help identify any areas of the case that require more investigation, like medical records or witness testimony. The Litigation Period In most civil law countries there are laws referred to as statutes of limitations. These laws state that a lawsuit must be brought within a specified time after an injury, or otherwise the right to sue will be lost. This is sometimes called “time barred.” The statute of limitations differs based on the nation and the type case. However, they generally allow plaintiffs to sue for 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 deadline, it can be confusing to figure out exactly when the deadline is. It is based on the date of the incident or the date the damage is discovered. It could also be based on the date that a judge will consider to be the date that an individual could reasonably have known they were harmed. The clock will begin to run from the date the harm occurred or when the plaintiff would have discovered the injury. Sometimes, a court will extend the time limit or toll it in certain circumstances. Medical malpractice is the case when a doctor mistakenly removes a patient's spleen during an operation. The patient may be entitled to an extension of two years. The judge will decide on the basis of evidence provided by the parties. The written decision will contain the facts that the judge has determined to be true, as well as the legal implications that result from them. The judgment will contain instructions regarding who is responsible for what amount. Typically the plaintiff will be required to pay for any damages that are awarded, while the defendant will be ordered to pay all costs associated with the trial. If the judge decides that the defendant is at fault, the defendant may be ordered to pay the legal fees of the plaintiff. Negotiation During the litigation process, parties will often attempt to reach a settlement of the case. This is done to save money, such as on court fees, expert witness fees, etc. It can also help you avoid the stress that comes with going to court. Settlement negotiations aim at settling for a sum that covers your losses including medical bills loss of income, pain and discomfort. In wrongful death claims there is also the possibility of compensation being offered in the event of the loss of a family member who has passed away. Be aware that insurance companies will often try and underpay you. It is important to find a personal injury lawyer with experience, such as the ones at Salvi Schostok & Pritchard P.C. on your side. Negotiation is an informal process that is voluntary to resolve disputes. It can take many forms. It may occur during the litigation process or after a decision is reached by a jury during a trial. It is a common process that can occur at all levels of society, both at an individual basis as well as on a corporate and government levels.