How Do Injury Lawsuits Work?
While every injury is different, most follow a similar pattern. The first step is to seek prompt medical attention. It is crucial to seek medical attention as soon as you can because some injuries, like concussions may not show any symptoms.
Then, your lawyer will draft and send an agreement demand letter to the negligent party's insurance company. This will start the negotiation process for settling your claim.
The Complaint
The complaint is the legal document that you (the plaintiff) can use to explain the manner in which the defendant's actions, or inaction directly led to your injuries. The complaint also contains a demand for compensation that is a monetary amount you want to be paid by the defendant for your damages. The complaint also contains a request for declaratory judgment, injunctive relief, compensatory and actual damages (monetary), punitive damages, costs and interest.
It is a smart idea to employ an injury lawyer to prepare your Complaint to ensure that it complies with all regulations of the court that you will be arguing. This is especially important in the event that your case is challenged by the insurance company of the opposing party, that has lawyers who have 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 called service of Process and guarantees that your Complaint contains your request for damages.
After Allen has received the copy of the Complaint the defendant must respond to it within a specific timeframe or risk being found in default of their obligation to 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 parties will exchange documents to prepare for trial. This is a crucial stage for your lawyer to gather details and evidence regarding how the accident happened and the extent of your injuries and the extent of your losses.
One of the most important tools available to your lawyer for injury during this stage is called a Request for admission. This is a series of questions that your lawyer will ask the defendant to admit or to deny under the oath. This will assist in identifying any areas of the case that may require further investigation, such as medical records or witness testimony.
The Litigation Period
In the majority of civil law countries, there are laws called statutes of limitations. These laws stipulate that a lawsuit must be filed within a certain time period following an injury, or else the right to sue will end. This is commonly referred to as being "time barred."
The statute of limitations varies based on the country and the nature of the case. However, they generally allow plaintiffs to sue for breach of contract or personal injury within a period of years following the event that caused the injury.
It is sometimes difficult to determine the exact date of the statute of limitations, when the clock starts to tick. It is based on the date that the harm was caused or the date that the damage was discovered. It could be based on a date that a judge will consider that a person reasonably ought to have realized that they were harmed (such as when it's an undiagnosed mental condition or a hidden illness).
The clock will begin to run from the day that the injury occurred or when the plaintiff should have discovered the damage. Sometimes, a court may extend the time limit or toll it for special circumstances. For example the case where a doctor is performing an operation on a patient, and then accidentally removes their spleen as part of the process, this would qualify as medical negligence. The patient could be entitled to an extension of two years.
The parties will present their case before a judge, and the judge will take an assessment on the basis of the evidence presented. 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 also contain specific instructions regarding who will pay what sums. The plaintiff is usually ordered to pay the damages that are awarded, and the defendant to cover the costs of the trial. If the judge decides that the defendant is in fact at fault, the defendant may be ordered to pay the plaintiff's legal costs.
Negotiation
During litigation, parties often try to settle a case. This usually happens in order to save money on costs like court fees, expert witnesses, etc. This could also save you time and the stress that comes with going to court. Settlement negotiations aim at settling for a sum that covers your losses, which include medical bills as well as lost income, pain and discomfort. In wrongful death cases it is possible to get compensation provided in the event of the loss of a family member who has passed away. Remember that the insurance company will often try and underpay you. It is important to have an attorney for personal injuries who has experience, like the ones at Salvi Schostok & Pritchard P.C. to help you.
Negotiation is a non-formal process that is voluntary to resolve disputes. It can take various forms. It can occur in the course of litigation or after a verdict has been made by a jury in a trial. It is a regular process that can occur at all levels of society, both on an individual level as well as at the corporate and governmental levels.