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Each injury is unique but the majority have a common pattern. The first step is to get prompt medical attention. It is important to seek medical attention as soon as you can since some injuries, such as concussions, may not show any symptoms.
Your lawyer will draft and send an agreement demand letter to the negligent party's insurance company. This will start the negotiation process to settle your claim.
The Complaint
In a lawsuit the complaint is the legal document in which you (the plaintiff) describe the way in which the defendant's actions or lack of action directly caused your injuries. The complaint includes the demand for relief, which is the monetary amount that you are seeking from the defendant in exchange for the damages you sustained. The complaint also contains a request for a declaratory judgment, an injunctive order and actual and compensatory damages (monetary), punitive damage, costs, and interest.
It is a good idea to employ an injury lawyer to prepare your Complaint to ensure that it is in line with the rules of the court in which you will be arguing. This is especially important if you are involved in a matter that could be challenged by the opposing party's insurance company that has its own lawyers with specialized experience in handling such cases.
The Complaint will be written and filed in the appropriate court. It will then be personally delivered to the person who injured you. This is known as service of process and it assures that the defendant gets your Complaint and your request for damages.
Once the defendant receives the copy of the Complaint and is required to respond within a certain time frame or risk being found to be in default of their obligation pay you. The defendant's response may take the form of a formal Response to the Complaint, a Motion to Dismiss or a Counterclaim.
Both parties 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 and the amount of your losses.
One of the most important tools available to your injury lawyer during this phase is something known as a Request for Admission. It is a set of questions that your attorney will ask the defendant to agree to or to deny under the oath. This can be used to help identify any areas of the case that might require more investigation, like witness testimony or medical documents.
The Litigation Period
In most civil law countries there are laws known as statutes of limitations. These laws state that a lawsuit must be filed within a specific time following an injury, or else the right to sue will be lost. This is often referred to as "time barred."
The statute of limitations can differ based on the country and the nature of the case. The majority of them allow plaintiffs for a breach of contract or personal injury to sue within a certain 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 determine exactly when the deadline is. It will be determined by the date of the injury or the date the damage is discovered. It could be based on a date that a judge will consider a person to be reasonably could have realized that they were harmed (such as when it's a latent mental condition or an illness that is not readily apparent).
The clock will begin to count down from the date that the damage occurred or from the day on which the harm was discovered by the plaintiff. Sometimes, a court can extend the time period for a statute of limitations, or call it off in specific circumstances. For instance, if a doctor performs an operation on a patient and accidentally removes their spleen as part of the process, it would qualify as medical malpractice. The patient could be entitled to an extension of two years.
The parties will present their case before an individual judge, and the judge will then make an assessment on the basis of the evidence presented. The judge's decision will be a judgment that is written in writing and will spell out the facts the judge determined to be true and the legal conclusions that flow from those facts. The judgment will include instructions regarding who is responsible for what amount. In most cases the plaintiff will be ordered to pay the damages if granted and the defendant will be required to pay all costs associated with the trial. If the judge finds that the defendant was responsible, they may also be ordered to pay claimant's attorney fees.
Negotiation
In the course of litigation, parties will often attempt to settle a dispute. This is usually done to save money on costs like court fees, expert witnesses, etc. It also helps to reduce time and the anxiety of having to go to trial. Settlement negotiations are aimed at settling for a sum that covers your losses, which include medical bills loss of income, pain and discomfort. In the case of wrongful death it is possible to get compensation provided for the loss of a loved one who died. It is crucial to keep in mind that the insurance company of the at-fault party is likely to lowball you and not pay you what you are due. This is the reason you should be able to count on a seasoned personal injury lawyer like the ones at Salvi, Schostok & Pritchard P.C. and be on your side during this procedure.
Negotiation is an informal process of settling disputes. It can take on numerous forms. It can occur during the litigation process or after a verdict has been reached by a jury during a trial. It is a process that happens at all levels of society - both at an individual and corporate scale.