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How Do Injury Lawsuits Work? Each injury is unique but the majority follow a similar pattern. The first step is to seek medical attention as soon as possible. This is important because some injuries, such as concussions might not show any obvious symptoms. Your lawyer will then draft 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 that you (the plaintiff) explain what actions of the defendant or lack of action caused your injuries. The complaint includes the demand for relief which is the financial amount that you are seeking from the defendant as compensation for your damages. It also includes a demand for declaratory judgment and injunctive relief, as well as compensatory and actual damages (monetary), costs, punitive damages and interest. It is recommended to have an injury lawyer prepare your Complaint so it adheres to the specific rules of the court in which you are trying to litigate. This is particularly true if your case could be challenged by the insurance company of the opposing party, which has lawyers who are experienced in handling these cases. After your Complaint is prepared and filed with the appropriate court and personally delivered to the person or entity that injured you. This is called service of Process and ensures that your Complaint is accompanied by your request for damages. When the defendant is served with the copy of the Complaint and is required to respond within a specified time or risk being found in default of their obligation pay you. The defendant may respond in the form of an official response to the Complaint or a Motion to dismiss or a counterclaim. Both parties will exchange documents to prepare for trial. Your attorney will be required to gather evidence and information regarding the accident, your injuries, and the losses you suffered. One of the most important tools available to your injury lawyer in this phase is called a Request for Admission. Your lawyer will ask the defendant a series of questions to verify or deny their answers under oath. This will assist in identifying any areas of the case that might require further investigation, such as witnesses' testimony or medical records. The Litigation Period In most civil law countries, there are laws called statutes of limitations. These laws state that a lawsuit has to be filed within a specified time period after the occurrence of an injury or the right to sue will expire. This is commonly referred to as being “time barred.” The time period for filing a claim differs based on the nation and the type of case. However, the majority of them allow plaintiffs to sue for a breach of contract or personal injury within a number of years after the incident that caused the injury. It is sometimes difficult to determine the exact date of the statute of limitations at the time the clock starts to tick. It will be based on the date of the injury, or the date that the damage is discovered. It could also be based on the date that a judge would consider that a person reasonably ought to have realized that they had been injured (such as when it is an undiagnosed mental condition or an illness that is not readily apparent). The clock will begin to count down from the day that the damage occurred or from the date on which the harm was discovered by the plaintiff. Sometimes, a court can extend the statute of limitations or toll it for special circumstances. For instance when a doctor performs an operation on a patient but accidentally removes their spleen in the process, this would be considered medical negligence. In this case, the patient may be subject to an extended limitation of two years. The parties will present their cases to an individual judge, and the judge will take a decision on the basis of the evidence presented. This decision will be a judgment that is written and will set out the facts the judge determined to be true, and the legal conclusions that result from these facts. The judgment will contain instructions on who is accountable for the amount. Usually, the plaintiff will be ordered to pay any damages that are awarded, while the defendant will be ordered to cover all costs incurred with the trial. If the judge finds that the defendant is at fault then the defendant could be ordered to pay the claimant's legal fees. Negotiation During the litigation, parties will often attempt to settle a dispute. This is typically done to reduce costs such as court fees as well as expert witnesses. It can also save time and the anxiety of having to go to trial. Los Angeles injury lawyer aim at settling for a sum that covers your losses, which include medical bills loss of income, discomfort and pain. It could also include the compensation for a family member's loss in wrongful death cases. Be aware that insurance companies will often try and underpay you. This is the reason you should be able to count on a seasoned personal injury lawyer, such as those at Salvi, Schostok & Pritchard P.C., on your side during this procedure. Negotiation is a voluntary dispute resolution process that can take many forms. It can occur in the course of litigation or after a jury has reached an agreement in the course of a trial. It is a common process that occurs on all levels of society, both at an individual basis as well as on a corporate and government levels.