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How Do Injury Lawsuits Work? Every injury is unique, but the majority of them follow a similar pattern. The first step is to seek medical treatment as soon as it is possible. It is essential to seek medical attention immediately because some injuries like concussions may not manifest any symptoms. Your lawyer will then prepare 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 in which you (the plaintiff) explain what actions of the defendant or lack of action directly caused your injuries. The complaint includes an order for relief which is the financial amount you want from the defendant as compensation for the damages you sustained. The complaint also contains a request for declaratory judgment or injunctive relief, compensation and actual damages (monetary) as well as costs, punitive damages and interest. It is a good idea to have an injury lawyer prepare your Complaint to ensure that it conforms to the specific rules of the court in which you are litigating. This is especially true if your case could be challenged by the insurance company of the opposing party, that has lawyers who have experience in handling such cases. Once your Complaint is completed and 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 the Complaint in its entirety along with your request for damages. After the defendant has received the copy of the Complaint the defendant must respond to it within a specified time or risk being found to be in default of their obligation pay you. The defendant's response could take the form of a formal answer to the Complaint, a Motion to Dismiss or a Counterclaim. Both parties will exchange documents to prepare for trial. This is a crucial step for your attorney to gather information and evidence about how the accident occurred and the severity of your injuries and the amount of your losses. One of the most important tools used by your injury lawyer during this stage is called a Request for admission. This is a series of questions your lawyer will request the defendant to answer or not admit under the oath. This can be used to pinpoint areas of the case that may need investigation, such as witness testimony or medical records. The Litigation Period In many civil law countries there are laws that are called statutes of limitations. They stipulate that lawsuits must be filed within a specific time frame after an injury or else the right of action will expire. This is often called “time barred.” The time period for filing a claim differs based on the nation and the type of case. The majority of them permit plaintiffs in a breach in contract or personal injury to sue within a certain amount of time 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 determined by the date that the harm was caused or the date the damage was discovered. It could also be based upon the date that a court will consider to be the date that an individual could reasonably have known they were injured. The clock will begin to count down from the day that the damage occurred or from the day that the injury should have been discovered by the plaintiff. Sometimes, a court can extend the time period for a statute of limitations, or toll it for special circumstances. For instance the case where a doctor is performing an operation on a patient but accidentally removes their spleen as part of the procedure, this could be considered medical malpractice. The patient may be entitled to a two-year extension. The judge will make a decision on the basis of the evidence presented by the parties. This written decision will include the facts the judge has found to be true, as well as the legal conclusions that flow from the facts. The judgment will then contain directions as to who should pay what amounts. Typically the plaintiff will be ordered to pay the damages if awarded and the defendant will be ordered to pay for all costs associated with the trial. If the judge determines that the defendant was at fault in the case, they may be ordered to pay lawyer's fees of a plaintiff. Negotiation In the course of litigation parties often try to reach a compromise on a case. This is usually done to reduce expenses like court fees as well as expert witnesses. It can also save time and anxiety of going to trial. Settlement negotiations are aimed at getting a settlement that covers your losses including medical bills as well as lost income, pain and discomfort. It can also include compensation for a deceased family member's loss in wrongful death cases. Remember that the insurance company will often attempt to underpay you. This is why it is important to have an experienced personal injury lawyer, such as the ones at Salvi, Schostok & Pritchard P.C. On your side throughout this process. Negotiation is an informal process that is voluntary to resolve disputes. It can take various forms. It may occur during litigation or after a jury has come to the verdict of a trial. Columbia injury lawsuit 's a procedure that occurs at every level of society – both at an individual and corporate level.