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How Do Injury Lawsuits Work? Although every injury case is different, most have a common pattern. The first step is to seek medical attention as soon as possible. It is essential to seek medical attention immediately since some injuries, such as concussions, may not show any symptoms. Your lawyer will prepare and send an agreement demand letter to the negligent party's insurance company. This will start the process of negotiation to settle your claim. The Complaint In a lawsuit the complaint is the legal document that you (the plaintiff) describe the way in which the defendant's actions or lack of action directly caused your injuries. The complaint also includes the demand for compensation that is an amount of money you wish to receive from the defendant in exchange for your damages. It also includes a prayer for declaratory judgment or injunctive relief, compensation and actual damages (monetary), costs, punitive damages, and interest. It is a smart move to engage an injury lawyer to prepare your Complaint in order to ensure it adheres to all the regulations of the court that you will be arguing. This is especially true if your case could be challenged by the insurance company of the opposing party which has lawyers with experience in handling these cases. When your Complaint has been prepared and filed with the appropriate court and personally delivered to the person or entity who injured you. This is known as service of Process and ensures that your Complaint contains your claim for damages. The defendant must respond within a certain timeframe after receiving a copy your Complaint. In the event that they fail to do so they may be found in breach of their obligation to you. The defendant's response may take the form of a formal answer to the Complaint, a Motion Dismiss or a Counterclaim. Both sides will share documents to prepare for trial. This is a crucial stage for your lawyer to gather information and evidence about 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 useful tools your lawyer for injury can employ during this stage. Your lawyer will interview the defendant with a series of questions to confirm or deflect their answers under oath. This can be used to determine areas of the case which may need more investigation, such as witness testimony or medical records. The Litigation Period In most civil law nations there are laws that are known as statutes of limitations. These laws state that the lawsuit must be filed within a specified time following an injury, or else the right to sue will end. This is sometimes called “time barred.” The time limit for a lawsuit is different based on the country and the type case. Most of them permit plaintiffs in a breach of contract or personal injury to sue within a set number of years from the incident that caused injury. When the clock starts ticking on the date of the statute of limitations it can be difficult to figure out precisely when the deadline is. It is based on the date of the incident, or the date that the damage is discovered. It could also be based on the date that a judge would decide that a person could reasonably have known they were injured. The clock will begin to run from the day the harm occurred or the day the plaintiff would have discovered the injury. A court may extend or reduce the statute of limitations in special circumstances. For instance the case where a doctor is performing an operation on a patient and accidentally removes their spleen in the process, this would qualify as medical negligence. This means that the patient could be subject to an extended limitation of two years. The judge will make a decision based on evidence presented by the parties. The written decision will contain the facts the judge has found to be true, as well as the legal conclusions that flow from the facts. The judgment will contain instructions on who is accountable for the amount. Usually, the plaintiff will be ordered to pay any damages awarded and the defendant will be ordered to pay for all costs associated with the trial. If the judge decides that the defendant is responsible then the defendant could be ordered to pay the claimant's legal fees. Negotiation During the litigation, parties often try to settle the case. This is done to save money, for instance court costs, expert witness fees, etc. This can also reduce time and the stress of going to court. Settlement negotiations aim at settling for a sum that will cover your losses, including medical bills, lost income and discomfort and pain. In the case of wrongful death there is also the possibility of compensation being paid for the loss of a deceased relative. It is important to remember that the insurance company of the at fault party will usually try to lowball you and not pay you what you are due. It is important to find an injury lawyer with experience, such as the ones at Salvi Schostok & Pritchard P.C. to help you. Negotiation is a voluntary dispute resolution process that can take many forms. Pittsburgh injury lawyer can occur in the course of litigation or after a verdict has been reached by a jury during the course of a trial. It is a process that takes place at all levels of society, at the individual and corporate level.