How Do Injury Lawsuits Work?
Each injury is unique, however, the majority follow a similar pattern. The first step is to get prompt medical attention. This is important because some injuries, such as concussions might not present any obvious signs.
Then, your lawyer will draft and send an agreement demand letter to the responsible party's insurance company. This will initiate the negotiation process to settle your claim.
The Complaint
The complaint is the legal document you (the plaintiff), use to describe the manner in which the defendant's actions, or inaction directly caused your injuries. The complaint also includes a demand for relief that is the monetary amount that you are seeking from the defendant in exchange for your losses. The complaint also contains a request for a declaration judgment, an injunctive order and actual and compensatory damages (monetary), punitive damage costs, interest, and punitive damage.
It is a good idea to have an injury lawyer prepare your Complaint to ensure that it conforms to the specific rules of the court in which you are trying to litigate. This is particularly true when you are involved in a matter that could be contested by the insurance company, which has its own lawyers who are specialized in 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. It ensures that your Complaint contains your claim for damages.
When the defendant is served with a copy of the Complaint the defendant must respond within a certain time frame or risk being found to be in breach of their obligation to pay you. The defendant may respond by filing an official response to the Complaint or an Motion to Dismiss or counterclaim.
When the defendant files their response to your Complaint, both sides will begin exchanging documents for pre-trial discovery. This is an important step for your attorney to gather information and evidence about the circumstances of the accident, the extent of your injuries, and the amount of your losses.
A Request for Admission is among the most effective tools your injury lawyer can use in this phase. Your lawyer will ask the defendant a series of questions to confirm or deny their answers under oath. This can be used to pinpoint areas of the case that may need more investigation, such as witness testimony or medical records.
The Litigation Period
In most civil law nations there are laws that are known as statutes of limitations. These laws stipulate that a lawsuit must be brought within a specified time after the injury or else the right to sue will end. This is often known as being "time barred."
The time limit for a lawsuit varies depending on the country and the type case. The majority of them allow plaintiffs for a breach in contract or personal injury to sue within a set number of years of the incident which caused injury.
When the clock begins to tick on the time limit it can be a bit confusing to figure out precisely when the deadline is. It is based on the date that the harm was caused or the date the damage was discovered. It could also be based upon the date a court would consider that an individual could reasonably have known they were injured.
The clock will begin counting down from the day when the incident was committed or from the date that the injury should have been discovered by the plaintiff. A court may extend or toll the statute of limitations in specific circumstances. Medical malpractice is a case where a doctor accidently removes the spleen of a patient during an operation. The patient may be entitled to a two-year extension.
The judge will decide on the basis of the evidence presented by the parties. The written decision will contain the facts the judge has determined to be true, as well as the legal conclusions that flow from these. The judgment will also contain directions as to who should pay what sums. The plaintiff is typically ordered to pay the damages awarded, and the defendant to pay the costs of the trial. If injury and accident lawyer decides that the defendant is in fact at fault then the defendant could be ordered to pay the plaintiff's legal costs.
Negotiation
During the litigious period, parties usually try to settle a case. This is done to save money, like on court fees, expert witness fees, etc. It also helps to reduce time and the stress of going to trial. Settlement negotiations are aimed at getting a settlement that covers your losses, which include medical bills loss of income, discomfort and pain. In wrongful death cases there is also the possibility of compensation being paid for 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 have an experienced personal injury lawyer, such as those at Salvi, Schostok & Pritchard P.C., on your side during this procedure.
Negotiation is an informal, voluntary process for resolving disputes. It can take numerous forms. It can occur in the course of trial or after a jury has come to the verdict of the course of a trial. It is a regular process that takes place at all levels of society, both on an individual basis as well as on a corporate and government levels.