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How Do Injury Lawsuits Work? Every injury is unique, but the majority follow a similar pattern. The first step is to get immediate medical attention. This is important because some injuries, such as concussions might not show any obvious signs. Your lawyer will then prepare and send an insurance demand letter to the negligent party. This will start the process of negotiation to settle your claim. The Complaint In a lawsuit, the complaint is the legal document in which you (the plaintiff) explain what actions of the defendant or lack of action directly caused your injuries. The complaint also contains an offer for compensation that is an amount of money you wish to receive from the defendant for your damages. It also includes a prayer for declaratory judgment or injunctive relief, compensation and actual damages (monetary), costs, punitive damages, and interest. It is a good idea to have an injury lawyer prepare your Complaint to ensure that it conforms to the specific rules of the court in which you are litigating. This is especially true in the event that your case is challenged by the insurance company of the opposing party, that has lawyers who have experience in handling these cases. After your Complaint is prepared and filed with the appropriate court and personally delivered to the person or entity that caused you harm. This process is called service of process and it assures that the defendant gets a copy of your Complaint, including your request for damages. Once the defendant receives the copy of the Complaint, they must respond within a specific timeframe or risk being found in breach of their obligation to pay you. Boston injury lawyer may respond by filing an official answer to the Complaint or motion to dismiss or a counterclaim. Both parties will exchange documents to prepare for trial. This is a crucial step for your attorney to gather information and evidence about how the accident happened and the severity of your injuries, and the magnitude of your losses. One of the most important tools used by your injury lawyer during this phase is something called a Request for Admission. Your lawyer will ask the defendant a series questions to verify or refuse their answers under the oath. This can be used to help identify any areas of the case that require additional investigation, for example, witness testimony or medical documents. The Litigation Period In many civil law countries, there are laws called statutes of limitations. They stipulate that a lawsuit must be filed within a specified time frame after an injury or the right to pursue action will expire. This is sometimes referred to as “time barred.” The time limit for a lawsuit differs based on the nation and the type case. The majority of them permit plaintiffs in a breach in contract or personal injury to file a lawsuit within a certain number of years of the incident which caused injury. It is sometimes difficult to determine the exact date of the statute of limitations when the clock starts to tick. It will be based on the date of the incident, or the date that the damage is discovered. It could also be based upon the date a court would decide that a person reasonably should have discovered they had been harmed. The clock will begin to count down from the day when the incident was committed or from the date when the damage ought to have been discovered by the plaintiff. A court may sometimes extend or reduce the statute of limitations in specific circumstances. For instance when a doctor performs an operation on a patient and accidentally removes their spleen in the procedure, this could be considered medical malpractice. The patient could be entitled to an extension of two years. The judge will make his decision based on evidence presented by the parties. The decision will be a written judgment written in writing and will spell out the facts the judge found proved and the legal implications that flow from those facts. The judgment will then contain specific instructions regarding who will pay what amounts. In most cases the plaintiff will be ordered to pay the damages if that are awarded, while the defendant will be ordered to pay for all costs associated with the trial. If the judge determines that the defendant is responsible then the defendant could be ordered to pay the legal fees of the plaintiff. Negotiation During the litigation process, parties will often attempt to settle the case. This is typically done in order to cut expenses like court fees, expert witnesses, etc. This could also help you avoid the stress that comes with going to court. The goal of settlement negotiations is to settle for an amount that will cover all your losses, which includes medical bills, lost wages and suffering. In wrongful death cases there is also the possibility of compensation being paid for the loss of a loved one who died. Remember that the insurance company will often try and underpay you. This is the reason you should employ a skilled personal injury lawyer like the ones at Salvi, Schostok & Pritchard P.C. and be on your side during this process. Negotiation is an informal, voluntary process for resolving disputes. It can take numerous forms. It can occur during trial or after a jury has reached an agreement in the course of a trial. It is a process that takes place at all levels of society – both on an individual and corporate scale.