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How Do Injury Lawsuits Work? While every injury is different, most have a common pattern. The first step is getting prompt medical attention. Inglewood injury attorneys is vital because certain injuries, like concussions, might not show any obvious signs. Your lawyer will then prepare and send an insurance demand letter to the negligent party. This will start the negotiation process to settle your claim. The Complaint In a lawsuit the complaint is the legal document in which you (the plaintiff) explain the way in which the defendant's actions or lack of action caused your injuries. The complaint also includes a demand for compensation that is the amount you would like to be paid by the defendant for your damages. It also includes a demand for declaratory judgment and injunctive relief, as well as compensatory and actual damages (monetary) and costs, punitive damages and interest. It is a smart idea to engage an injury lawyer to draft your Complaint to ensure it is in line with the rules of the court where you are suing. This is particularly true when you're involved in a matter that could be contested by the opposing party's insurance company, which has its own lawyers who are specialized in experience handling such cases. Your Complaint will be prepared and filed in the appropriate court. It will then be personally delivered to the person who injured you. This process is called service of process and it ensures that the defendant receives a copy of your Complaint and your demand for damages. When the defendant is served with the copy of the Complaint and is required to respond within a certain time frame or risk being found in default of their obligation pay you. The defendant may respond by filing an official response to the Complaint or a Motion to dismiss or counterclaim. Both sides will share documents to prepare for trial. Your attorney will be required to gather evidence and information about the incident as well as your injuries and the losses you suffered. One of the most important tools available to your injury lawyer during this phase is something called a Request for admission. Your lawyer will interview the defendant with a series of questions to confirm or deflect their answers under the oath. This can be used as a tool to identify areas of the case which may need more investigation, such as witness testimony or medical records. The Litigation Period In most civil law countries there are laws known as statutes of limitations. They stipulate that lawsuits must be filed within a certain time frame after an injury, or else the right to pursue action will expire. This is sometimes referred to as being “time barred.” The time period for filing a claim is different based on the country and the type of case. However, they generally allow plaintiffs to sue over a breach of contract or personal injury within a certain number of years after the incident that caused the injury. It is sometimes 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 harm or the date the damage is discovered. It could also be based upon the date that a judge would consider that an individual could reasonably have known they were harmed. The clock will begin to count down from the date on which the harm was committed or from the day when the damage was discovered by the plaintiff. A court can sometimes extend or toll the time limit in certain circumstances. For instance the case where a doctor is performing an operation on a patient but accidentally removes their spleen as part of the process, this would be considered medical malpractice. In this case, the patient may be subject to an extended two-year limit. The parties will present their arguments to an individual judge and the judge will then make an informed decision in accordance with the evidence submitted. The decision will be a judgment written and will set out the facts the judge found proved, and the legal conclusions that flow from those facts. The judgment will also contain instructions on who should pay what sums. Usually the plaintiff will be ordered to pay for any damages 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 at fault, the defendant may be ordered to pay the claimant's legal fees. Negotiation In the course of litigation, parties will often attempt to settle a case. This is usually done in order to reduce costs such as court fees as well as expert witnesses. It can also save time and the anxiety of having to go to trial. The goal of settlement negotiations is to settle for an amount that will cover all your losses, which includes medical expenses, lost wages, and pain and suffering. It may also include compensation for a deceased family member's loss in the case of wrongful deaths. Remember that the insurance company will often attempt to underpay you. This is why you should employ a skilled personal injury lawyer such as the ones at Salvi, Schostok & Pritchard P.C., on your side during this process. Negotiation is a voluntary, dispute resolution procedure that can take a variety of forms. It can happen during the course of litigation or after a jury has come to the verdict of the course of a trial. It's a procedure that occurs at all levels of society, both on an individual and corporate level.