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How Do Injury Lawsuits Work? While every injury case is different, most have a common pattern. The first step is seeking medical assistance as soon as you can. This is important because some injuries, such as concussions, may not have any obvious symptoms. Then, your lawyer will prepare and send an agreement demand letter to the responsible party's insurance company. This will begin the negotiation process to settle your claim. The Complaint In a lawsuit, the complaint is the legal document that you (the plaintiff) write about how the defendant's actions or lack of action directly caused your injuries. The complaint also includes a demand for compensation in the form of the amount you would like to receive from the defendant in exchange for your damages. The complaint also includes a request for a declaration judgment, an injunctive order, actual and compensatory damages (monetary) and punitive damages, costs, and interest. It is a smart move to hire an injury lawyer to draft your Complaint to ensure it is in line with the regulations of the court that you are suing. This is especially true if your case could be challenged by the insurance company of the opposing party, that has lawyers who have experience in handling these cases. The Complaint will be written and filed with the appropriate court. Then, Garden Grove injury lawsuit will be personally delivered to the person who caused the injury. This is referred to as service of Process and guarantees that your Complaint includes your request for damages. The defendant must respond within a specific timeframe after receiving a copy your Complaint. If they don't they may be found to be in breach of their obligation to you. The defendant's response may take the form of a formal Answer to the Complaint, a Motion Dismiss or a Counterclaim. Both sides will exchange documents to prepare for trial. This is a crucial stage for your lawyer to gather information and evidence about the circumstances of the accident, the extent of your injuries and the extent of your losses. A Request for Admission is one of the most useful tools your injury lawyer can utilize during this stage. Your lawyer will ask the defendant a series of questions to verify or deflect their answers under an oath. This can be used as a tool to pinpoint areas of the case that require further investigation, for example witness testimony or medical records. The Litigation Period In many civil law countries, there are laws called statutes of limitations. These laws state that a lawsuit must be filed within a specified time period after the occurrence of an injury or else the right of action will expire. This is often called “time barred.” The statute of limitations varies depending on the country and the type case. However, most of them allow plaintiffs to sue for breach of contract or personal injury within a certain number of years following the event that caused the injury. As the clock begins to tick on the date of the deadline it can be difficult to know precisely when the deadline is. It is based on the date on which the injury was incurred or the date the damage was discovered. It may also be based on the date that a court would decide that a person reasonable ought to have realized that they were injured. The clock will begin to count down from the day that the damage was committed or from the date on which the harm should have been discovered by the plaintiff. Sometimes, a court can extend the time period for a statute of limitations, or call it off in specific circumstances. Medical malpractice could be an instance where a physician accidently removes the spleen of a patient during an operation. The patient may be entitled to an extension of two years. The judge will make his decision based on evidence presented by the parties. The judge's decision will be a judgment in writing and will set out the facts the judge deemed to be proven and the legal implications which are derived from these facts. The judgment will also contain instructions on who should pay what amounts. Typically, the plaintiff will be ordered to pay for any damages that are awarded, while the defendant will be ordered to pay for all costs associated with the trial. If the judge finds that the defendant is in fact at fault then the defendant could be ordered to pay the legal fees of the plaintiff. Negotiation In the process of litigation parties often try to reach a compromise on a case. This is done to save money, like on court fees, expert witness fees, etc. It can also save time and anxiety of having to go to trial. The purpose of settlement negotiations is to settle for an amount that will cover all your losses, including medical bills, lost wages and pain and suffering. It can also include compensation for a deceased family member's loss in the case of wrongful deaths. It is crucial to keep in mind that the insurance company of the at-fault party is likely to lower your compensation and will not pay what you deserve. It is important to choose an attorney for personal injuries who has experience, like the ones at Salvi Schostok & Pritchard P.C. on your side. Negotiation is a voluntary, dispute resolution process that can take many forms. It can take place in the course of litigation or after a decision is made by a jury in the course of a trial. It's a procedure that takes place at all levels of society – both on an individual and corporate scale.