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How Do Injury Lawsuits Work? Each injury is unique however, the majority follow a similar pattern. The first step is seeking medical attention as soon as possible. It is essential to seek medical attention immediately because some injuries like concussions may not show any symptoms. Your lawyer will then draft and send an insurance demand letter to the negligent party. This will initiate the negotiation process to settle your claim. The Complaint The complaint is the legal document you (the plaintiff), use to describe the manner in which the defendant's actions, or inaction directly caused your injuries. The complaint also includes an order for relief which is the financial amount you want from the defendant to compensate for your damages. The complaint also contains a request for declaratory judgment or injunctive relief, compensation and actual damages (monetary), punitive damages, costs and interest. It is recommended to employ an injury lawyer to draft your Complaint to ensure that it conforms to the specific guidelines of the court in which you are trying to litigate. This is particularly true when your case may be challenged by the insurance company of the opposing party, which has lawyers who are experienced in handling such cases. Once your Complaint is completed, it will be filed with the appropriate court and then personally delivered to the person or entity that injured you. This is known as service of Process. It ensures that your Complaint is accompanied by the demand for damages. The defendant must respond within a specified time period after receiving a copy of your Complaint. If they don't, they risk being found in breach of their obligations to you. The defendant's response can take the form of a formal answer to the Complaint, a Motion Dismiss or a Counterclaim. After the defendant has filed their response to your Complaint After that, both sides will begin exchanging information for pre-trial discovery. This is an important step for your attorney to collect details and evidence regarding how the accident happened and the extent of your injuries as well as the extent of your losses. One of the most important tools available to your lawyer for injury during this phase is something called a Request for Admission. It is a set of questions your lawyer will ask the defendant to admit or to deny under an oath. This can be used as a tool to identify areas of the case that may need further investigation, for example witness testimony or medical records. The Litigation Period In most civil law countries there are laws known as statutes of limitations. These laws stipulate that a lawsuit has to be filed within a specific time period after the occurrence of an injury or the right to pursue action will expire. This is sometimes referred to as “time barred.” The time period for filing a claim is different based on the country and the type of case. Most of them permit plaintiffs in a breach in contract or personal injury to sue within a certain number of years of the event that caused 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 of the harm or the date the damage is discovered. It could also be based upon the date that a court would consider that an individual reasonably should have discovered they were harmed. The clock will begin counting down from the day on which the harm was committed, or from the day that the injury should have been discovered by the plaintiff. Sometimes, a court can extend the statute of limitations or call it off in specific circumstances. Medical malpractice is a case where a doctor accidentally removes a patient's spleen during an operation. The patient could be entitled to an extension of two years. The parties will present their cases to an impartial judge, and the judge will then make an informed decision on the basis of the evidence presented. This decision will be a written judgment written and will set out the facts which the judge deemed to be proven and the legal implications which are derived from these facts. The judgment will then contain instructions on who should pay what sums. Usually, the plaintiff will be required to pay for any damages granted and the defendant will be ordered to cover all costs incurred with the trial. If the judge decides that the defendant was at fault, they may also be ordered to pay a claimant's attorney fees. Negotiation In the process of litigation parties will usually try to settle a case. This is typically done in order to reduce expenses like court fees and expert witnesses, for instance. It can also save time and stress of going to trial. The goal of settlement negotiations is to reach an amount that will cover all losses, including medical bills, lost wages and suffering. It may also include compensation for a deceased family member's loss in wrongful death cases. Remember that the insurance company is often trying to underpay you. This is why it is important to be able to count on a seasoned personal injury lawyer, such as the ones at Salvi, Schostok & Pritchard P.C. and be on your side throughout this process. Negotiation is a non-binding, dispute resolution procedure that can take a variety of forms. It can occur during the course of litigation or after a jury has come to the verdict of the course of a trial. Albany injury attorneys YouTube 's a process that happens at every level of society – both at an individual and corporate scale.