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How Do Injury Lawsuits Work? While every injury differs, the majority have a common pattern. The first step is to seek medical attention as soon as 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 initiate the negotiation process to settle your claim. The Complaint In a lawsuit the complaint is the legal document in which you (the plaintiff) describe how the defendant's actions or lack of action caused your injuries. The complaint also includes an order for relief which is the financial amount you want from the defendant as compensation for your losses. It also includes a demand for declaratory judgment, injunctive relief, compensatory and actual damages (monetary) as well as punitive damages, costs and interest. It is a smart move to engage an injury lawyer to prepare your Complaint to ensure it is in line with the rules of the court where you will be litigating. This is especially true when your case may be challenged by the insurance company of the opposing party which has lawyers who are experienced in handling such cases. Your Complaint will be prepared and filed with the appropriate court. It will then be personally delivered to the person who injured you. This is called service of Process and guarantees that your Complaint is accompanied by your claim for damages. After the defendant has received a copy of the Complaint the defendant must 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 may take the form of a formal Response 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 details and evidence regarding the circumstances of the accident, the extent of your injuries, and the amount of your losses. A Request for Admission is one of the most effective tools your injury lawyer can use during this phase. Your lawyer will interview the defendant with a series of questions to confirm or refuse their answers under the oath. This could be used to assist in identifying any areas of the case that require more investigation, like witnesses' testimony or medical records. The Litigation Period In many civil law countries, there are laws called statutes of limitations. These laws stipulate that lawsuits must be filed within a specified time period following an injury or else the right to sue will expire. This is often referred to as “time barred.” Statutes of limitations vary depending on the country and the nature of the case. The majority of them allow plaintiffs for a breach in contract or personal injury to file a lawsuit within a specified number of years from the event that caused the injury. It is sometimes difficult to determine the exact date of the statute of limitations, when the clock begins to tick. It is based on the date of the incident, or the date that the damage is discovered. It could also be based upon the date a court would decide that a person reasonable ought to have realized that they were injured. The clock will start to run from the date the harm occurred or the day the plaintiff should have discovered the injury. Sometimes, a court may extend the time period for a statute of limitations, or toll it in certain circumstances. Medical malpractice is a case where a doctor accidentally removes a patient's spleen during an operation. The patient may be entitled to a two-year extension. The judge will make a decision on the basis of evidence provided by the parties. The decision will be a judgment written and will set out the facts which the judge found proved and the legal implications which are derived from these facts. The judgment will contain instructions as to who is responsible for what amount. Usually the plaintiff will be ordered to pay 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, the defendant may be ordered to pay the plaintiff's legal costs. Negotiation During the litigation, parties often try to settle the case. This is usually done in order to save money on expenses like court fees as well as expert witnesses. It also reduces time and anxiety of having to go to trial. Settlement negotiations are aimed at getting a settlement that covers your losses including medical bills loss of income, pain and discomfort. It can also include compensation for a deceased 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 undercut you and not pay what you deserve. This is the reason you should employ a skilled personal injury lawyer like the ones at Salvi, Schostok & Pritchard P.C. On your side during this procedure. Negotiation is a non-binding, dispute resolution process that can take a variety of forms. Orlando injury attorneys can take place during the litigation process or after a decision is reached by a jury in a trial. It is a common occurrence that takes place at all levels of society, both on an individual level as well as at corporate and government levels.