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How Do Injury Lawsuits Work?
Each injury is unique, however, the majority have a similar pattern. The first step is seeking medical attention as soon as possible. It is important to seek medical attention immediately because some injuries like concussions may not show any symptoms.
Your lawyer will prepare and send an insurance demand letter to the responsible party. This will begin the negotiation process to settle your claim.
The Complaint
In a lawsuit the complaint is the legal document that you (the plaintiff) describe how the defendant's actions or lack of action directly caused your injuries. The complaint also contains a demand for compensation in the form of an amount of money you wish to receive from the defendant in exchange for your losses. It also includes a prayer for declaratory judgment and injunctive relief, as well as compensatory and actual damages (monetary) and costs, punitive damages and interest.
It is recommended to get an injury lawyer to prepare your complaint to ensure it conforms to the specific guidelines of the court in which you are litigating. This is especially true when you are involved in a case that could be contested by the opposing party's insurance company which has its own lawyers who have specialized expertise in handling these cases.
After your Complaint is prepared and filed, it will be filed with the appropriate court, and then personally delivered to the person or entity that injured you. This is referred to as service of Process and ensures that your Complaint includes the demand for damages.
The defendant must respond within a specified timeframe after receiving a copy your Complaint. If they don't, they risk being found in violation of their obligations to you. The defendant's response may be in the form of a formal answer to the Complaint, a Motion Dismiss or a Counterclaim.
Both sides will exchange documents to prepare for trial. This is a crucial step for your lawyer to gather information and evidence about how the accident occurred and the severity of your injuries and the extent of your losses.
One of the most important tools for your lawyer for injury in this phase is known as a Request for Admission. Your lawyer will ask the defendant a series questions to verify or refuse their answers under oath. This could be used to aid in identifying any aspects of the case that might require more investigation, like witness testimony or medical documents.
The Litigation Period
In most civil law countries there are laws known as statutes of limitations. These laws stipulate that the lawsuit must be filed within a certain time period after the injury or otherwise the right to sue will expire. This is sometimes referred to as "time barred."
Statutes of limitations vary depending on the country of origin, as well as the type of case. However, most of them allow plaintiffs to sue for breach of contract or personal injury within a period of years after the incident that caused the injury.
It is sometimes difficult to determine the exact date of the statute of limitations, when the clock begins to tick. Scottsdale injury attorneys will be based upon the date the injury was incurred or the date that the damage was discovered. It might also be based on the date that a judge will think a person reasonable should have discovered that they were harmed (such as when it's a mental illness that is not apparent or a hidden illness).
The clock will begin to run from the date the harm occurred or when the plaintiff would have discovered the harm. Sometimes, a court may extend the time limit or toll it for special circumstances. Medical malpractice could be a case where a doctor mistakenly removes a patient's spleen during an operation. The patient could be entitled to an extension of two years.
The parties will present their case to an individual judge, and the judge will make an informed decision based on the evidence presented. The judge's decision will be a written judgment written and will set out the facts the judge deemed to be proven and the legal implications that flow from those facts. The judgment will include instructions as to who is responsible for the amount. Typically the plaintiff will be required to pay the damages if granted and the defendant will be required to pay for all costs associated with the trial. If the judge decides that the defendant is in fact at fault then the defendant could be ordered to pay the legal fees of the plaintiff.
Negotiation
In the course of litigation, parties will often attempt to reach a settlement of a case. This is usually done to save money on costs like court fees, expert witnesses, etc. It also reduces time and the stress of going to trial. The purpose of settlement negotiations is to settle for an amount that covers all your losses, which includes medical expenses, lost wages and pain and suffering. It can also include compensation for a deceased family member's loss in cases of wrongful death. It is important to remember that the insurance company of the at fault party will usually try to undercut you and not pay the amount you deserve. This is why it is important to have an experienced personal injury lawyer, such as those at Salvi, Schostok & Pritchard P.C. On your side during this procedure.
Negotiation is a non-binding, dispute resolution procedure that can take many forms. It may occur in the course of trial or after a jury has reached the verdict of an investigation. It's a procedure that takes place at every level of society - both at an individual and corporate level.