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How Do Injury Lawsuits Work? Every injury is unique, however, the majority follow a similar pattern. The first step is to get immediate medical attention. This is important because some injuries, such as concussions, might not present any obvious symptoms. Your lawyer will then draft and send an insurance demand letter to the negligent party. This will begin the negotiation process to settle your claim. The Complaint In a lawsuit, the complaint is the legal document that you (the plaintiff) describe how the defendant's actions or lack of action caused your injuries. Boynton Beach injury lawsuits youtube.com contains a demand for relief, which is the monetary amount you seek from the defendant as compensation for the damages you sustained. The complaint also contains a request for a declaratory judgment, an injunctive order, actual and compensatory damages (monetary) and punitive damages, costs, and interest. It is a good idea get an injury lawyer to prepare your complaint to ensure it conforms to the specific rules of the court in which you are arguing. This is especially true when you are involved in a case that could be contested by the insurance company of the opposing company that has its own lawyers who have specialized experience handling such cases. Once your Complaint is completed and filed in the appropriate court and personally delivered to the person or entity who injured you. This process is called service of process and it ensures that the defendant receives the Complaint in its entirety along with your request for damages. Once the defendant receives a copy of the Complaint the defendant must respond to it within a specific timeframe or risk being found in breach of their obligation to pay you. The defendant may respond in the form of an official answer to the Complaint, motion to dismiss or counterclaim. Both sides will share documents to prepare for trial. This is a crucial stage for your attorney to gather information and evidence on how the accident happened and the severity of your injuries, and the extent of your losses. A Request for Admission is one of the most effective tools your injury lawyer can utilize during this phase. Your lawyer will ask the defendant a series questions to confirm or deny their answers under an oath. This can be used to help identify 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 limitation. They stipulate that a lawsuit must be brought within a specified time following an injury, or else the right to sue will be lost. This is often called “time barred.” The time period for filing a claim varies depending on the country and the type case. However, the majority of them allow plaintiffs to sue for a breach of contract or personal injury within a period of years after the event that caused the injury. As the clock begins to tick on the date of the time limit it can be a bit confusing to determine precisely when the deadline is. It will be based on the date of the incident, or the date that the damage is discovered. It could be based on a date that a judge will consider that a person reasonably should have discovered that they were harmed (such as when it is an undiagnosed mental condition or a hidden illness). The clock will begin to count down from the day on which the harm was committed or from the date when the damage should have been discovered by the plaintiff. Sometimes, a court will extend the time period for a statute of limitations, or toll it in certain circumstances. Medical malpractice is the case when a doctor accidently removes the spleen of a patient during an operation. The patient may be entitled to a two-year extension. The parties will present their case to an individual judge and the judge will then make an informed decision based on the evidence presented. The judge's decision will be a written judgment written and will set out the facts which the judge determined to be true and the legal conclusions that result from these facts. The judgment will also contain instructions on who should pay what sums. In most cases, the plaintiff will be required to pay the damages if that are awarded, while the defendant will be required to pay for all costs associated with the trial. If the judge decides that the defendant is responsible and the defendant is found to be at fault, the defendant could be ordered to pay the legal fees of the plaintiff. Negotiation In the course of litigious period, parties usually try to settle the case. This is usually done in order to cut costs such as court fees and expert witnesses, for instance. It can also save time and stress of going to trial. The goal of settlement negotiations is to settle for an amount that covers all your losses, including medical expenses, lost wages, and pain and suffering. In wrongful death cases, compensation can also be paid for the loss of a family member who has passed away. Be aware that insurance companies will often try and underpay you. This is why it is important to employ a skilled personal injury lawyer, such as those at Salvi, Schostok & Pritchard P.C. and be on your side during this procedure. Negotiation is a voluntary, dispute resolution process that can take many forms. It can occur in the course of trial or after a jury has reached an agreement in an investigation. It is a regular process that takes place at all levels of society, both on an individual level as well as at corporate and government levels.