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How Do Injury Lawsuits Work? Although every injury case is unique, the majority of cases have a common pattern. The first step is to seek immediate medical attention. This is important because some injuries, such as concussions, might not show any obvious symptoms. Your lawyer will prepare and mail an agreement demand letter to the responsible party's insurance company. This will initiate 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 caused your injuries. The complaint also includes a demand for compensation in the form of an amount of money you wish to receive from the defendant in exchange for your losses. It also includes a demand for declaratory judgment, injunctive relief, compensatory and actual damages (monetary), punitive damages, costs and interest. It is a smart move to engage an injury lawyer to prepare your Complaint to ensure it adheres to all the rules of the court where you are suing. This is especially important when you are involved in a matter that could be contested by the insurance company of the opposing company that has its own lawyers with specialized experience in handling such cases. After your Complaint is prepared and filed in the appropriate court, and then personally delivered to the person or entity who injured you. This process is called service of process. It ensures that the defendant receives the Complaint in its entirety along with your demand for damages. The defendant must respond within a certain time frame after receiving a copy of your Complaint. Otherwise they could be found to be in breach of their obligations to you. The defendant's response may be in the form of a formal answer to the Complaint, a Motion to Dismiss or a Counterclaim. Both sides will exchange documents to prepare for trial. This is a crucial stage for your lawyer to gather information and evidence about how the accident occurred and the severity of your injuries, and the extent of your losses. A Request for Admission is one of the most useful tools your lawyer for injury can employ during this stage. It is a set of questions your lawyer will ask the defendant to agree to or deny under oath. This can be used to identify areas of the case that require further investigation, for example witness testimony or medical records. The Litigation Period In the majority of civil law countries, there are laws called statutes of limitations. These laws stipulate that a lawsuit must be brought within a certain time period after an injury, or otherwise the right to sue will expire. This is sometimes referred to as being “time barred.” The statute of limitations can differ based on the country and the nature of the case. However, most of them allow plaintiffs to sue for breach of contract or personal injury within a number 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 begins to tick. It is determined by the date on which the damage was caused or the date that the damage was discovered. It could also be based upon the date a court would consider that an individual could reasonably have known they had been harmed. The clock will begin counting down from the day that the damage was committed or from the day on which the harm was discovered by the plaintiff. Sometimes, a court can extend the time period for a statute of limitations, or call it off in specific circumstances. For example when a doctor performs an operation on a patient but accidentally removes their spleen during the process, it would be considered medical negligence. The patient may be entitled to a two-year extension. The parties will present their cases to an impartial judge, and the judge will make an informed decision based on the evidence presented. This written decision will include the facts that the judge has determined to be true, as well as the legal conclusions that flow from these. The judgment will contain instructions on who is accountable for the amount. The plaintiff is typically ordered to pay the damages paid, while the defendant is ordered to pay the costs of the trial. If the judge decides that the defendant is responsible, the defendant may be ordered to pay the legal fees of the plaintiff. Negotiation In the course of litigation parties often try to reach a settlement of a case. This is typically done in order to save money on costs like court fees and expert witnesses, for instance. This can also save you time and the stress of going to court. Settlement negotiations are aimed at getting a settlement that will cover your losses, including medical bills as well as lost income, pain and discomfort. Mountain View injury attorneys can also include the compensation for a family member's loss in cases of wrongful death. It is important to remember that the insurance company of the at fault party will usually try to lowball you and not pay the amount you deserve. This is why you should have an experienced personal injury lawyer, such as those at Salvi, Schostok & Pritchard P.C., on your side during this procedure. Negotiation is a voluntary dispute resolution process that can take a variety of forms. It can occur in the course of litigation or after a verdict is made by a jury in a trial. It is a common occurrence that takes place at all levels of society, both on an individual basis as well as on a the corporate and governmental levels.