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How Do Injury Lawsuits Work? Each injury is unique but the majority of them follow a similar pattern. The first step is to seek medical assistance as soon as you can. It is important to seek medical attention as soon as you can since some injuries, such as concussions, may not show any symptoms. 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 The complaint is the legal document you (the plaintiff) will use to explain the way in which the defendant's actions or inaction directly led to your injuries. The complaint includes the demand for relief, which is the monetary amount that you are seeking from the defendant in exchange for your damages. It also includes a demand for declaratory judgment or injunctive relief, compensation and actual damages (monetary), punitive damages, costs and interest. It is a good idea to employ an injury lawyer to draft your Complaint to ensure that it conforms to the specific rules of the court which you are arguing. This is especially important if your case could be challenged by the insurance company of the opposing party, which has lawyers with experience in handling these cases. Your Complaint will be drafted and filed in the appropriate court. Then, it will be personally delivered to the person who caused the injury. Racine injury attorney is called service of process. It ensures that the defendant receives the Complaint in its entirety along with your request for damages. The defendant must respond within a certain time period after receiving a copy your Complaint. Otherwise they could be found in violation of their obligation to you. The defendant's response can be in the form of a formal Response to the Complaint, a Motion Dismiss or a Counterclaim. After the defendant has filed their response to your Complaint After that, both sides will begin exchanging documents in preparation for discovery. Your attorney will be required to gather evidence and information about the accident the injuries you sustained and the losses you suffered. A Request for Admission is one of the most effective tools your injury lawyer can use in this phase. Your lawyer will ask the defendant a series of questions to confirm or deny their answers under oath. This can be used to identify areas of the case which may need investigation, such as witness testimony or medical records. The Litigation Period In most civil law countries there are laws referred to as statutes of limitations. These laws stipulate that the lawsuit must be filed within a specific time after the injury or otherwise the right to sue will expire. This is often called “time barred.” The time period for filing a claim differs based on the nation and the type of case. However, most of them allow plaintiffs to sue for breach of contract or personal injury within a number of years following the event that caused the injury. When the clock begins to tick on the time limit, it can be confusing to know exactly when the deadline is. It is based on the date that the injury was incurred or the date that the damage was discovered. It might be based on a date that a judge will consider a person to be reasonably should have discovered that they were injured (such as when it's an undiagnosed mental condition or a hidden illness). The clock will begin to count down from the date when the incident was committed or from the day that the injury should have been discovered by the plaintiff. A court may sometimes extend or toll the statute of limitations in special circumstances. For instance, if a doctor performs an operation on a patient and accidentally removes their spleen in the process, it would be considered medical malpractice. The patient may be entitled to an extension of two years. The judge will make his decision on the basis of the evidence presented by the parties. This decision will be a judgment in writing and will set out the facts which the judge determined to be true and the legal conclusions that flow from those facts. The judgment will also contain guidelines regarding who is responsible for the amount. Usually the plaintiff will be required to pay the damages if that are awarded, while the defendant will be required to pay all costs associated with 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 legal fees of the plaintiff. Negotiation During the litigation process parties often try to settle a case. This is done to save money, like on court fees as well as expert witness fees, etc. It also reduces time and stress of going to trial. The aim of settlement negotiations is to negotiate an amount that covers all losses, including medical expenses, lost wages, and pain and suffering. It can also include the compensation for a family member's loss in cases of wrongful death. Remember that the insurance company will often try and underpay you. This is why you should have an experienced personal injury lawyer like the ones at Salvi, Schostok & Pritchard P.C. and be on your side during this procedure. Negotiation is a voluntary dispute resolution process that can take many forms. It may occur in the course of litigation or after a decision is reached by a jury during the course of a trial. It is a common process that can occur at all levels of society, both on an individual level as well as at the corporate and governmental levels.