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How Do Injury Lawsuits Work? While every injury case is different, most follow a similar pattern. Miami injury lawyer is seeking medical assistance as soon as you can. It is essential to seek medical attention as soon as you can because some injuries, like concussions may not show any symptoms. Next, your lawyer will prepare and mail an agreement demand letter to the responsible party's insurance company. This will start the negotiation process for settling your claim. The Complaint The complaint is the legal document that you (the plaintiff) will use to explain the way in which the defendant's actions or inaction directly caused your injuries. The complaint also includes the demand for relief that is the monetary amount you seek from the defendant as compensation for your damages. It also includes a prayer for declaratory judgment or injunctive relief, compensation and actual damages (monetary), punitive damages, costs and interest. It is a smart move to employ an injury lawyer to prepare your Complaint in order to ensure it complies with all rules of the court where you will be arguing. This is especially important in the event that your case is challenged by the insurance company of the opposing party, which has lawyers who are experienced in handling such cases. Your Complaint will be drafted and filed with the appropriate court. It will then be personally delivered to the person who caused the injury. This is referred to as service of process. It assures that the defendant gets a copy of your Complaint, including your demand for damages. The defendant must respond within a certain time frame after receiving a copy of your Complaint. Otherwise they could be found in breach of their obligation to you. The defendant's response may take the form of a formal answer to the Complaint, a Motion Dismiss or a Counterclaim. Both parties will exchange documents to prepare for trial. Your attorney will be required to collect evidence and details regarding the accident as well as your injuries and your losses. A Request for Admission is among the most useful tools that your injury lawyer can use during this stage. Your lawyer will interview the defendant with a series of questions to confirm or deny their answers under oath. This could be used to aid in identifying any aspects of the case that require more investigation, like medical records or witness testimony. The Litigation Period In many civil law countries there are laws known as statutes of limitations. They stipulate that a lawsuit must be brought within a specified time following an injury, or else the right to sue will expire. This is sometimes referred to as being “time barred.” The time period for filing a claim is different based on the country and the type case. Most of them permit plaintiffs in a breach in contract or personal injury to file a lawsuit within a certain amount of time after the event which caused injury. It can be difficult to determine the exact date of the statute of limitations when the clock begins to tick. It will be based upon the date the harm was caused or the date the damage was discovered. It could also be based upon the date that a court would decide that a person reasonable ought to have realized that they were harmed. The clock will start to run from the date that the injury occurred or the day the plaintiff would have discovered the damage. Sometimes, a court may extend the time period for a statute of limitations, or toll it for special circumstances. For instance the case where a doctor is performing an operation on a patient and accidentally removes their spleen as part of the procedure, this could qualify as medical malpractice. The patient could be entitled to an extension of two years. The parties will present their cases before an impartial judge, and the judge will make a decision based on the evidence presented. The written decision will contain the facts that the judge has determined to be true and the legal conclusions that flow from them. The judgment will also contain guidelines regarding who is responsible for what amount. Usually the plaintiff will be required to pay any damages granted and the defendant will be required to cover all costs incurred with the trial. If the judge determines that the defendant is in fact at fault, the defendant may be ordered to pay the plaintiff's legal costs. Negotiation In the course of litigation parties will usually try to reach a compromise on a case. This is done to save money, for instance on court fees as well as expert witness fees, and so on. It also reduces time and the anxiety of going to trial. Settlement negotiations are aimed at getting a settlement that covers your losses, which include medical expenses loss of income, discomfort and pain. In the case of wrongful death there is also the possibility of compensation being provided in the event of the loss of a family member who has passed away. It is important to remember that the insurance company of the at-fault party will often try to lowball you and not pay what you deserve. This is why it is important to have an experienced personal injury lawyer like the ones at Salvi, Schostok & Pritchard P.C., on your side during this procedure. Negotiation is a non-binding, dispute resolution process that can take many forms. It can happen in the course of the course of litigation or after a jury has reached an agreement in a trial. It's a procedure that happens at all levels of society, both at an individual and a corporate level.