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How Do Injury Lawsuits Work? Although every injury case differs, the majority have a common pattern. The first step is seeking medical treatment as soon as it is possible. It is crucial to seek medical attention immediately because some injuries, like concussions may not manifest any symptoms. Your lawyer will then draft and send an insurance demand letter to the responsible party. This will begin the process of negotiation to settle your claim. The Complaint The complaint is the legal document that you (the plaintiff) will use to explain the manner in which the defendant's actions, or inaction directly caused your injuries. The complaint also includes a demand for relief that is the monetary amount you want from the defendant to compensate for your losses. The complaint also contains a request for declaratory judgment, injunctive relief, compensatory and actual damages (monetary) as well as punitive damages, costs and interest. It is a smart idea to employ an injury lawyer to write your Complaint to ensure that it adheres to all the regulations of the court that you will be litigating. This is particularly true in the event that your case is challenged by the insurance company of the opposing party which has lawyers with experience in handling these cases. The Complaint will be written and filed with the appropriate court. Then, it will be personally delivered to the person who injured you. This is referred to as service of Process. It ensures that your Complaint includes the demand for damages. Once the defendant receives a copy of the Complaint and is required to respond to it within a specific timeframe or risk being found to be in default of their obligation pay you. The defendant may respond in the form of an official answer to the Complaint or motion to dismiss or counterclaim. Both sides will share documents to prepare for trial. Your lawyer will have to collect evidence and details about the accident the injuries you sustained and your losses. One of the most important tools used by your lawyer for injury during this stage is called a Request for Admission. Your lawyer will ask the defendant a series questions to confirm or deflect their answers under the oath. This can be used to assist in identifying any areas of the case that might require more investigation, like medical records or witness testimony. The Litigation Period In the majority of civil law nations there are laws that are called statutes of limitations. These laws stipulate that a lawsuit must be filed within a specified time following an injury, or else the right to sue will be lost. This is commonly referred to as being “time barred.” The time period for filing a claim varies depending on the country and the type of case. The majority of them allow plaintiffs who have suffered a breach of contract or personal injury to file a lawsuit within a certain amount of time after the event which caused injury. It can be difficult to determine the exact date of the statute of limitations, when the clock begins to tick. 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 decide that a person reasonably should have discovered they were injured. The clock will begin to run from the day the incident was discovered or the date the plaintiff should have realized the injury. Sometimes, a court will extend the time period for a statute of limitations, or toll it in certain circumstances. For example the case where a doctor is performing an operation on a patient but accidentally removes their spleen in the procedure, this could be considered medical malpractice. As such, the patient could be subject to an extended two-year limit. The parties will present their case before a judge and the judge will take an assessment on the basis of the evidence presented. This decision will be a judgment that is written and will set out the facts the judge deemed to be proven and the legal conclusions that flow from those facts. The judgment will also contain specific instructions regarding who will pay what sums. In most cases, the plaintiff will be ordered to pay the damages if awarded and the defendant will be required to cover all costs incurred with the trial. If the judge determines that the defendant is at fault, they may also be ordered to pay attorney's fees for a claimant. Negotiation In the course of litigation, parties will often attempt to reach a compromise on a case. This usually happens to save money on expenses like court fees, expert witnesses, etc. Minneapolis injury attorneys can also help you avoid the stress of going to court. The aim of settlement negotiations is to negotiate the amount that covers all your losses, including medical expenses, lost wages, and pain and suffering. In wrongful death cases there is also the possibility of compensation being provided for the loss of a deceased relative. 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 those at Salvi, Schostok & Pritchard P.C. and be on your side throughout this process. Negotiation is a voluntary dispute resolution process that can take a variety of forms. It may occur in the course of litigation or after a verdict is reached by a jury in a trial. It is a process that happens at every level of society – both on an individual and corporate level.