How Do Injury Lawsuits Work?
While every injury case differs, the majority follow a similar pattern. The first step is to seek medical treatment as soon as it is possible. This is crucial because some injuries, such as concussions may not have any obvious signs.
Your lawyer will prepare and send an insurance demand letter to the responsible party. This will start the process of negotiation to settle your claim.
The Complaint
The complaint is the legal document that you (the plaintiff) can use to explain the way in which the defendant's actions or inaction directly led to your injuries. The complaint contains the demand for relief which is the financial amount you want from the defendant as compensation for your damages. The complaint also contains a request for declaratory judgment, injunctive relief, compensatory and actual damages (monetary) as well as costs, punitive damages, and interest.
It is a good idea to get an injury lawyer to prepare your complaint to ensure it conforms to the specific rules of the court in which you are trying to litigate. This is especially important when you're involved in a case that could be challenged by the opposing party's insurance company that has its own lawyers who have specialized expertise in handling these cases.
Once your Complaint is completed, it will be filed with the appropriate court and personally delivered to the person or entity that caused you harm. This is referred to as service of process and it assures that the defendant gets a copy of your Complaint and your request for damages.
The defendant must respond within a specified time frame after receiving a copy your Complaint. Otherwise, they risk being found in violation of their obligation to you. The defendant's response could be in the form of a formal answer to the Complaint, a Motion Dismiss or a Counterclaim.
Both parties will exchange documents to prepare for trial. This is a crucial step for your attorney to collect information and evidence about how the accident happened and the extent of your injuries as well as the extent of your losses.
One of the most important tools used by your lawyer for injury during this phase is something called a Request for admission. You Tube is a series of questions your lawyer will ask the defendant to agree to or deny under oath. This will aid in identifying any aspects of the case that require additional investigation, for example, witness testimony or medical documents.
The Litigation Period
In the majority of civil law nations, there are laws referred to as statutes of limitations. They stipulate that lawsuits must be filed within a specific time period following an injury or the right of action will expire. This is sometimes referred to as being "time barred."
The time period for filing a claim varies depending on the country and the type case. Most of them permit plaintiffs in a breach in contract or personal injury to sue within a specified amount of time after the incident that caused injury.
It can be difficult to determine the exact date of the statute of limitations, when the clock starts to tick. It is based on the date of the incident, or the date that the damage is discovered. It might also be based on the date that a judge will consider that a person reasonably could have realized that they were injured (such as when it's a mental illness that is not apparent or a hidden illness).
The clock will begin to count down from the date that the damage occurred, or from the day that the injury ought to have been discovered by the plaintiff. A court can sometimes extend or reduce the statute of limitations in special circumstances. Medical malpractice is a case where a doctor accidently removes the spleen of a patient during an operation. In this case, the patient could have an extended two-year limit.
The judge will make his decision based on evidence presented by the parties. The decision will be a judgment that is written and will set out the facts which the judge determined to be true, and the legal conclusions which are derived from these facts. The judgment will then include instructions on who should pay what sums. The plaintiff is usually ordered to pay the damages awarded, and the defendant to pay the costs of the trial. If the judge determines that the defendant is at fault then the defendant could be ordered to pay the legal fees of the plaintiff.
Negotiation
During the litigious period, parties usually try to settle a dispute. This usually happens in order to reduce costs such as court fees as well as expert witnesses. It can also save time and stress of going to trial. Settlement negotiations aim at reaching a settlement that will cover your losses, including medical bills loss of income, pain and discomfort. It could also include compensation for a deceased family member's loss in the case of wrongful deaths. Remember that the insurance company is often trying to underpay you. It is important to choose an attorney for personal injuries who has experience, like those at Salvi Schostok & Pritchard P.C. on your side.
Negotiation is an informal process that is voluntary to resolve disputes. It can take on various forms. It can occur in the course of trial or after a jury has reached a verdict in the course of a trial. It's a process that takes place at every level of society - both on an individual and a corporate level.