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How Do Injury Lawsuits Work? Although every injury case differs, the majority follow a similar pattern. The first step is to seek prompt medical attention. It is important to seek medical attention right away because some injuries like concussions may not manifest any symptoms. Then, your lawyer will prepare and send an agreement demand letter to the negligent party's insurance company. This will initiate the negotiation process to settle 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 led to your injuries. The complaint includes an order for relief that is the monetary amount that you are seeking from the defendant as compensation for your losses. The complaint also contains a request for a declaratory judgment, an injunctive or a restraining order and actual and compensatory damages (monetary) and punitive damages, costs, and interest. It is a smart idea to engage an injury lawyer to draft your Complaint to ensure that it adheres to all the regulations of the court that you will be litigating. This is especially true if you are involved in a case that could be challenged by the opposing party's insurance company, which has its own lawyers who are specialized in experience in handling such cases. Once your Complaint is completed and filed in the appropriate court and then personally delivered to the person or entity that injured you. This is known as service of process. It assures that the defendant gets the Complaint in its entirety and your request for damages. When the defendant is served with a copy of the Complaint and is required to respond to it within a certain time frame or risk being found to be in breach of their obligation to pay you. The defendant's response could be in 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. This is a crucial step for your attorney to gather information and evidence on how the accident happened and the extent of your injuries, and the amount of your losses. A Request for Admission is among the most useful tools your injury lawyer can utilize during this stage. Your lawyer will ask the defendant a series of questions to confirm or deflect their answers under an oath. This could be used to assist in identifying any areas of the case that may require additional investigation, for example, medical records or witness testimony. The Litigation Period In many civil law countries there are laws known as statutes of limitations. These laws state that a lawsuit must be brought within a specified time after the injury or else the right to sue will end. Jacksonville injury lawyers is commonly referred to as being “time barred.” The time limit for a lawsuit varies depending on the country and the type case. However, they generally allow plaintiffs to sue over a breach of contract or personal injury within a number of years following the event that caused the injury. It can be difficult to determine the exact date of the statute of limitations, when the clock starts to tick. It is determined by the date on which the injury was incurred or the date that the damage was discovered. It could be based on a date that a judge would consider that a person reasonably ought to have realized that they had been injured (such as when it is an undiagnosed mental condition or an illness that is not readily apparent). The clock will begin to run from the day the incident was discovered or the date the plaintiff should have realized the damage. Sometimes, a court may extend the time period for a statute of limitations, or toll it in certain circumstances. For instance, if a doctor performs an operation on a patient, and then accidentally removes their spleen as part of the procedure, this could be considered medical malpractice. As such, the patient may be subject to an extended limitation of two years. The parties will present their case to an individual judge and the judge will take a decision based on the evidence presented. The written decision will contain the facts the judge has found to be true and the legal implications that result from the facts. The judgment will also contain guidelines as to who is responsible for the amount. In most cases, the plaintiff will be ordered to pay any damages granted and the defendant will be required to pay all costs associated with the trial. If the judge finds that the defendant is responsible then the defendant could be ordered to pay the legal fees of the plaintiff. Negotiation In the course of litigation, parties often try to settle a case. This is usually done in order to cut costs such as court fees as well as expert witnesses. It also helps to reduce time and the anxiety of having to go to trial. Settlement negotiations are designed to help you in settling for a sum that covers your losses, which include medical expenses, lost income and pain and discomfort. In the case of wrongful death it is possible to get compensation provided in the event of the loss of a loved one who died. Remember that the insurance company will often try and underpay you. This is why it is important to be able to count on a seasoned personal injury lawyer such as those at Salvi, Schostok & Pritchard P.C., on your side during this process. Negotiation is a voluntary dispute resolution procedure that can take many forms. It can occur during the litigation process or after a verdict is reached by a jury during the course of a trial. It is a process that occurs at all levels of society – both at an individual and a corporate level.