How Do Injury Lawsuits Work?
While every injury is different, most have a common pattern. The first step is to get prompt medical attention. This is important because some injuries, like concussions, might not present any obvious signs.
Your lawyer will prepare and send an agreement demand letter to the responsible party's insurance company. This will start the negotiation process to settle your claim.
The Complaint
The complaint is the legal document that you (the plaintiff), use to describe the manner in which the defendant's actions, or inaction directly led to your injuries. The complaint also includes the demand for compensation, which is an amount of money you wish to receive from the defendant for your losses. The complaint also contains a request for declaratory judgment and injunctive relief, as well as compensatory and actual damages (monetary), costs, punitive damages, and interest.
It is recommended to employ an injury lawyer to draft your Complaint to ensure that it conforms to the specific rules of the court which you are litigating. This is particularly true when you're involved in a matter that could be challenged by the insurance company that has its own lawyers who are specialized in expertise in handling these cases.
Once your Complaint is completed and filed, it will be filed in the appropriate court, and then personally delivered to the person or entity who injured you. This is referred to as service of Process. It ensures that your Complaint includes your claim for damages.
When the defendant is served with the copy of the Complaint the defendant must respond within a certain time frame or risk being found to be in default of their obligation to pay you. her response can respond by filing an official response to the Complaint, motion to dismiss or counterclaim.
Both sides will exchange documents to prepare for trial. This is an important step for your lawyer to gather information and evidence about how the accident occurred and the severity of your injuries as well as the magnitude of your losses.
One of the most important tools for your lawyer for injury during this stage is known as a Request for Admission. It is a set of questions that your lawyer will ask the defendant to agree to or deny under the oath. This can be used to pinpoint areas of the case which require more investigation, such as witness testimony or medical records.
The Litigation Period
In the majority of civil law nations there are laws that are called statutes of limitation. These laws state that a lawsuit must be filed within a certain time period following an injury, or otherwise the right to sue will end. This is sometimes called "time barred."
The statute of limitations varies based on the country, and the nature of the case. Most of them allow plaintiffs who have suffered a breach of contract or personal injury to file a lawsuit within a specified amount of time after the event that caused injury.
When the clock begins to tick on the date of the statute of limitations it can be difficult to determine exactly when the deadline is. It is based on the date of the incident or the date the damage is discovered. It could be based on a date that a judge would consider that a person reasonably ought to have realized that they had been injured (such as when it's a latent mental condition or an illness that is not readily apparent).
The clock will start to run from the day the incident occurred or the day the plaintiff should have discovered the harm. A court can sometimes extend or impose a suspension on the statute of limitations in specific circumstances. For example, if a doctor performs an operation on a patient but accidentally removes their spleen during the process, it would be considered medical negligence. The patient could be entitled to a two-year extension.
The parties will present their cases to an individual judge, and the judge will make an informed decision on the basis of the evidence presented. This written decision will include the facts the judge has found to be true, as well as the legal implications that result from them. The judgment will also contain guidelines as to who is responsible for what amount. In most cases the plaintiff will be required to pay for any damages awarded and the defendant will be required to cover all costs incurred with the trial. If the judge determines that the defendant is in fact at fault then the defendant could be ordered to pay the claimant's legal fees.
Negotiation
During the litigation process parties will usually try to reach a compromise on a case. This is usually done in order to cut costs such as court fees, expert witnesses, etc. It can also save time and anxiety of going to trial. The goal of settlement negotiations is to settle for an amount that covers all your losses, which includes medical bills, 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 is often trying to underpay you. It is important to choose an injury lawyer who has experience, like the ones at Salvi Schostok & Pritchard P.C. to help you.
Negotiation is a non-binding, dispute resolution process that can take many forms. It may occur during the litigation process or after a verdict is reached by a jury in the course of a trial. It is a process that happens at every level of society - at the individual and corporate scale.