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How Do Injury Lawsuits Work? While every injury case is unique, the majority of cases follow a similar pattern. The first step is to seek medical treatment as soon as it is possible. This is crucial because some injuries, such as concussions, might not present any obvious symptoms. Then, your lawyer will draft and send a settlement demand letter to the negligent party's insurance company. This will start the process of negotiation to settle your claim. The Complaint The complaint is the legal document 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 includes the demand for compensation, which is a monetary amount you want to be paid by the defendant for your losses. The complaint also contains a request for a declaratory judgment, an injunctive decree as well as compensatory and actual damages (monetary), punitive damage costs, interest, and punitive damage. It is a smart move to engage an injury lawyer to prepare your Complaint to ensure that it complies with all rules of the court where you are suing. This is especially important when you are involved in a case that may be contested by the opposing party's insurance company which has its own lawyers who have specialized experience handling such cases. Once your Complaint is completed, it will be filed with the appropriate court and personally delivered to the person or entity who caused you harm. This is referred to as service of process and it assures that the defendant gets your Complaint, including your demand for damages. The defendant must respond within a certain timeframe after receiving a copy of your Complaint. Otherwise they may be found to be in breach of their obligation to you. The defendant's response could take the form of a formal Answer to the Complaint, a Motion Dismiss or a Counterclaim. Baton Rouge injury lawyers will exchange documents to prepare for trial. Your lawyer will have to gather evidence and information regarding the accident as well as your injuries and the losses you suffered. One of the most important tools available to your lawyer for injury during this stage is called a Request for Admission. It is a set of questions that your attorney will ask the defendant to agree to or deny under oath. This can be used to determine areas of the case that may need investigation, such as witness testimony or medical records. The Litigation Period In many civil law countries, there are laws known as statutes of limitations. These laws stipulate that the lawsuit must be filed within a specified time after the injury or else the right to sue will end. This is sometimes called “time barred.” The statute of limitations is different based on the country and the type of case. Most of them allow plaintiffs who have suffered a breach of contract or personal injury to bring a suit within a certain number of years from the incident that caused the 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 that the damage is discovered. It could also be based on the date that a judge will consider that a person reasonably should have discovered that they were harmed (such as when it is a latent mental condition or a hidden illness). The clock will begin to run from the date that the injury occurred or when the plaintiff should have discovered the harm. A court can sometimes extend or reduce the statute of limitations in special circumstances. Medical malpractice could be an instance where a physician mistakenly removes a patient's spleen during an operation. This means that the patient could have an extended two-year limit. The parties will present their arguments before an impartial judge, and the judge will then make a decision based on the evidence presented. The judge's decision will be a judgment written in writing and will spell out the facts the judge deemed to be proven, and the legal conclusions which are derived from these facts. The judgment will also contain guidelines as to who is responsible for what amount. The plaintiff is typically ordered to pay for the damages that are awarded, and the defendant to pay for the expenses of the trial. If the judge decides that the defendant is responsible and the defendant is found to be at fault, the defendant could be ordered to pay the claimant's legal fees. Negotiation During the litigious period, parties usually try to settle a dispute. This is typically done to save money on expenses like court fees as well as expert witnesses. This can also help you avoid the stress that comes with going to court. Settlement negotiations aim at reaching a settlement that covers your losses, which include medical bills loss of income, discomfort and pain. It may also include the compensation for a family member's loss in cases of wrongful death. Be aware that insurance companies will often attempt to underpay you. This is why it is important to employ a skilled personal injury lawyer such as the ones at Salvi, Schostok & Pritchard P.C. On your side throughout this process. Negotiation is a non-formal, voluntary process for resolving disputes. It can take on many forms. It can occur in the course of litigation or after a verdict has been reached by a jury in a trial. It is a common process that occurs on all levels of society, both on an individual basis as well as on a corporate and government levels.