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How Do Injury Lawsuits Work? While every injury case differs, the majority follow a similar pattern. The first step is to seek medical assistance as soon as you can. It is important to seek medical attention right away because some injuries like concussions may not show any symptoms. Your lawyer will prepare and mail an agreement demand letter to the negligent party's insurance company. This will start the negotiation process to settle your claim. The Complaint The complaint is the legal document that you (the plaintiff), use to describe the manner in which the defendant's actions, or inaction directly led to your injuries. The complaint includes the demand for relief that is the monetary amount that you are seeking from the defendant to compensate for the damages you sustained. The complaint also includes a request for a declaratory judgment, an injunctive decree, actual and compensatory damages (monetary), punitive damage as well as interest, costs and costs. It is a good idea to have an injury lawyer prepare your Complaint so it adheres to the specific rules of the court in which you are arguing. This is especially true 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 drafted and filed in the appropriate court. It will then be personally delivered to the person who caused the injury. This is called service of Process and guarantees that your Complaint contains your request for damages. After the defendant has received the copy of the Complaint and is required to respond to it within a certain time frame or risk being found to be in default of their obligation to pay you. The defendant's response can take the form of a formal Response to the Complaint, a Motion to Dismiss or a Counterclaim. Both sides will exchange documents to prepare for trial. Your attorney will be required to gather evidence and information about the incident the injuries you sustained and the losses you suffered. One of the most important tools used by your injury lawyer in this phase is called a Request for admission. Your lawyer will ask the defendant a series questions to confirm or deflect their answers under oath. This can be used to determine areas of the case which may need investigation, such as witness testimony or medical records. The Litigation Period In the majority of civil law countries there are laws known as statutes of limitations. They stipulate that the lawsuit must be filed within a certain time period after the injury or else the right to sue will end. This is sometimes called “time barred.” The statute of limitations is different based on the country and the type of case. However, they generally allow plaintiffs to sue over a breach of contract or personal injury within a period of years following the event that caused the injury. It is sometimes difficult to determine the exact date of the statute of limitations at the time the clock starts to tick. It will be determined by the date of the injury, or the date that the damage is discovered. It could also be based on the date a court would decide that a person reasonable ought to have realized that they had been harmed. The clock will begin to count down from the day on which the harm occurred or from the day that the injury ought to have been discovered by the plaintiff. Sometimes, a court can extend the time limit or toll it in certain circumstances. Medical malpractice is a case where a doctor mistakenly removes a patient's spleen during an operation. As such, the patient may be subject to an extended two-year limitation. The parties will present their case to an impartial judge, and the judge will make an assessment in accordance with the evidence submitted. Baton Rouge injury lawyers will be a judgment that is written and will set out the facts the judge deemed to be proven and the legal implications that result from these facts. The judgment will contain instructions as to who is responsible for what amount. The plaintiff is typically ordered to pay for the damages paid, while the defendant is ordered to cover the costs of the trial. If the judge finds that the defendant is at fault, the defendant may be ordered to pay the legal fees of the plaintiff. 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 etc. It also reduces time and the stress of going to trial. Settlement negotiations aim at getting a settlement that will cover your losses, including medical bills as well as lost income, discomfort and pain. It may also include the compensation for a family member's loss in cases of wrongful death. It is crucial to keep in mind that the insurance company of the at fault party will usually try to lower your compensation and will not pay you what you are due. 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 procedure that can take a variety of forms. It can take place in the course of litigation or after a verdict has been made by a jury in a trial. It is a process that occurs at all levels of society – both at an individual and corporate scale.