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How Do Injury Lawsuits Work? Although every injury case is unique, the majority of cases follow a similar pattern. The first step is to seek medical assistance as soon as you can. It is important to seek medical attention right away since some injuries, such as concussions, may not show any symptoms. Your lawyer will 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), use to describe the way in which the defendant's actions or inaction directly led to your injuries. The complaint also contains an offer for compensation, which is the amount you would like to receive from the defendant in exchange for your losses. It also includes a demand for declaratory judgment or injunctive relief, compensation and actual damages (monetary) and punitive damages, costs and interest. It is a good idea get an injury lawyer to prepare your Complaint to ensure that it conforms to the specific guidelines of the court in which you are arguing. This is especially important when your case may be challenged by the insurance company of the opposing party, that has lawyers who have experience in handling these cases. When your Complaint has been prepared and filed, it will be filed in the appropriate court, and then personally delivered to the person or entity who caused you harm. This is known as service of Process and guarantees that your Complaint contains your claim for damages. Jacksonville injury lawyers must respond within a specific timeframe after receiving a copy of your Complaint. If they don't they may be found in breach of their obligations to you. The defendant's response can be in the form of a formal Answer to the Complaint, a Motion to Dismiss or a Counterclaim. Both sides will share documents to prepare for trial. Your lawyer will have to gather evidence and information regarding the accident, your injuries, and the losses you suffered. A Request for Admission is among the most useful tools that your injury lawyer can use during this stage. Your lawyer will ask the defendant a series questions to verify or deny their answers under an oath. This will help identify any areas of the case that require more investigation, like 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 must be filed within a certain time period following an injury, or otherwise the right to sue will be lost. This is sometimes called “time barred.” Statutes of limitations vary depending on the country, and the nature of the 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 can be difficult to determine the exact date of the statute of limitations at the time the clock starts to tick. It will be determined by the date of the harm, or the date that the damage is discovered. It could also be based on the date a court would consider that an individual could reasonably have known they were harmed. The clock will start to run from the day the incident was discovered or the date the plaintiff would have discovered the injury. Sometimes, a court can extend the time period for a statute of limitations, or call it off in specific circumstances. For instance, if a doctor performs an operation on a patient and accidentally removes their spleen in the process, it would qualify as medical malpractice. This means that the patient may be subject to an extended limitation of two years. The judge will decide on the basis of evidence provided by the parties. The decision will be a judgment in writing and will set out the facts that the judge found proved and the legal conclusions that flow from those facts. The judgment will also contain instructions on who should pay what amounts. The plaintiff is usually ordered to pay for the damages awarded, and the defendant to pay for the expenses of the trial. If the judge determines that the defendant is responsible 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 done to save money, such as court costs and expert witness fees etc. It also reduces time and the stress of going to trial. The goal of settlement negotiations is to settle for the amount that covers all your losses, including medical bills, lost wages and pain and suffering. It may also include the compensation for a family member's loss in cases of wrongful death. It is important to remember that the insurance company of the at-fault party is likely to lowball you and not pay you what you are due. This is why it is important to have an experienced personal injury lawyer such as the ones at Salvi, Schostok & Pritchard P.C. On your side during this procedure. Negotiation is an informal, voluntary process for resolving disputes. It can take on various forms. It can occur during litigation or after a jury has come to the verdict of the course of a trial. It is a common occurrence that can occur at all levels of society, both at an individual basis as well as on a governmental and corporate level.