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How Do Injury Lawsuits Work? While every injury is unique, the majority of cases have a common pattern. The first step is to get immediate medical attention. This is crucial because some injuries, such as concussions, may not have 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 that you (the plaintiff) explain how the defendant's actions or lack of action directly caused your injuries. The complaint also includes an offer for compensation that is a monetary amount you want to receive from the defendant for your damages. It also includes a demand for declaratory judgment and injunctive relief, as well as compensatory and actual damages (monetary) as well as punitive damages, costs and interest. It is recommended to employ an injury lawyer to draft your Complaint so it adheres to the specific guidelines of the court in which you are litigating. This is especially true if you are involved in a case that could be contested by the opposing party's insurance company that has its own lawyers who are specialized in experience in handling such cases. Your Complaint will be drafted and filed with the appropriate court. It will then be personally delivered to the person who injured you. This is known as service of Process and ensures that your Complaint includes the demand for damages. When the defendant is served with a copy of the Complaint and is required to respond to it within a specified time or risk being found in default of their obligation pay you. The defendant's response can be in 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, the extent of your injuries and the magnitude of your losses. One of the most important tools used by 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 an oath. This can be used as a tool to determine areas of the case which may need more investigation, such as witness testimony or medical records. The Litigation Period In the majority of civil law nations there are laws known as statutes of limitations. They stipulate that a lawsuit has to be filed within a certain time period after the occurrence of an injury or else the right to sue will expire. This is sometimes referred to as being “time barred.” Statutes of limitations vary depending on the country of origin, as well as the nature of the case. Most of them allow plaintiffs for a breach in contract or personal injury to bring a suit within a set number of years of the event that caused the injury. When the clock begins to tick on the statute of limitations it can be a bit confusing to know exactly when the deadline is. It is determined by the date on which the injury was incurred or the date the damage was discovered. It could be based on the 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 a hidden illness). The clock will begin counting down from the date when the incident was committed or from the day that the injury should have been discovered by the plaintiff. Sometimes, a court will extend the statute of limitations or call it off in specific circumstances. Medical malpractice could be a case where a doctor accidently removes the spleen of a patient during an operation. The patient could 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. Rochester Hills injury attorney will be a written judgment written in writing and will spell out the facts which the judge determined to be true and the legal implications which are derived from these facts. The judgment will also contain directions as to who should pay what amounts. The plaintiff is usually ordered to pay the damages that are awarded, and the defendant to pay the costs of the trial. If the judge finds that the defendant is at fault in the case, they may be ordered to pay a lawyer's fees of a plaintiff. Negotiation During the litigation, parties often try to settle a dispute. This is done to save money, like on court fees, expert witness fees, etc. This can also help you avoid the stress of going to court. The aim of settlement negotiations is to settle for an amount that will cover all your losses, which includes medical bills, lost wages and pain and suffering. In wrongful death claims there is also the possibility of compensation being paid for the loss of a deceased relative. Remember that the insurance company will often try and underpay you. This is why it is important to be able to count on a seasoned personal injury lawyer such as those at Salvi, Schostok & Pritchard P.C. and be on your side during this procedure. Negotiation is a voluntary, dispute resolution procedure that can take many forms. It can take place during the litigation process or after a verdict is reached by a jury during the course of a trial. It is a process that occurs at every level of society – both on an individual and corporate scale.