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How Do Injury Lawsuits Work? While every injury case is unique, the majority of cases follow a similar pattern. The first step is to seek medical treatment as soon as it is possible. It is important to seek medical attention immediately because some injuries like concussions may not show any symptoms. Then, your lawyer will draft and send a settlement demand letter to the negligent party's insurance company. This will begin the negotiation process to settle your claim. The Complaint The complaint is the legal document you (the plaintiff) can use to explain the manner in which the defendant's actions, or inaction directly caused your injuries. The complaint also includes an offer for compensation, which is an amount of money you wish to receive from the defendant for your damages. The complaint also contains a request for a declaratory judgment, an injunctive or a restraining order as well as compensatory and actual damages (monetary), punitive damage costs, interest, and punitive damage. It is a good idea to have an injury lawyer prepare your Complaint so it adheres to the specific rules of the court in which you are arguing. This is especially important when you are involved in a matter that could be contested by the insurance company that has its own lawyers who are specialized in experience in handling such cases. Once your Complaint is completed, it will be filed in the appropriate court and personally delivered to the person or entity that caused you harm. This is known as service of Process and guarantees that your Complaint includes your claim for damages. When the defendant is served with the copy of the Complaint the defendant must respond to it within a certain time frame or risk being found in default of their obligation pay you. The defendant can respond by filing an official Answer to the Complaint, a Motion to dismiss or a counterclaim. Both sides will exchange documents to prepare for trial. This is a crucial step for your lawyer to gather information and evidence about the circumstances of the accident and the severity of your injuries, and the amount of your losses. A Request for Admission is among the most useful tools your injury lawyer can utilize in this phase. Scottsdale injury lawsuits will ask the defendant a series of questions to confirm or deny their answers under oath. This can be used to identify areas of the case that might require investigation, such as witness testimony or medical records. The Litigation Period In many 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 of action will expire. This is often known as being “time barred.” The statute of limitations varies based on the country and the type of case. However, they generally allow plaintiffs to sue for breach of contract or personal injury within a period of years after the incident that caused the injury. As the clock begins to tick on a statute of limitations it can be a bit confusing to determine exactly when the deadline is. It will be determined by the date of the incident or the date the damage is discovered. It could also be based upon the date that a judge would consider that an individual reasonably should have discovered they had been harmed. The clock will begin counting down from the day on which the harm was committed, or from the day that the injury was discovered by the plaintiff. Sometimes, a court will extend the statute of limitations or toll it in certain circumstances. Medical malpractice would be an instance where a physician mistakenly removes a patient's spleen during an operation. As such, the patient may be subject to an extended limitation of two years. The parties will present their cases before an individual judge, and the judge will make an assessment in accordance with the evidence submitted. The written decision will contain the facts the judge has determined to be true and the legal conclusions that flow from the facts. The judgment will then contain specific instructions regarding who will pay what sums. The plaintiff is usually ordered to pay for the damages paid, while the defendant is ordered to pay for the expenses of the trial. If the judge finds that the defendant is at fault and they are found to be at fault, they could also be ordered to pay a claimant's attorney fees. Negotiation During litigation, parties often try to settle a dispute. This is typically done in order to save money on expenses like court fees, expert witnesses, etc. It can also help you avoid the stress of going to court. The aim of settlement negotiations is to reach an amount that will cover all your losses, including medical expenses, lost wages, and pain and suffering. It may also include compensation for a deceased family member's loss in cases of wrongful death. Be aware that insurance companies will often attempt to underpay you. This is why you should have an experienced personal injury lawyer, such as the ones at Salvi, Schostok & Pritchard P.C., on your side during this procedure. Negotiation is a non-formal process of settling disputes. It can take on many forms. It can take place during the litigation process or after a verdict has been reached by a jury during the course of a trial. It's a process that happens at every level of society – at the individual and a corporate level.