How Do Injury Lawsuits Work?
Although every injury case is unique, the majority of cases have a common pattern. The first step is seeking 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 negotiation process for settling your claim.
The Complaint
The complaint is the legal document that you (the plaintiff) will use to explain the manner in which the defendant's actions, or inaction directly caused your injuries. The complaint contains the demand for relief which is the financial amount you want from the defendant as compensation for your losses. It also includes a demand for declaratory judgment, injunctive relief, compensatory and actual damages (monetary) and costs, punitive damages, and interest.
It is a good idea to employ an injury lawyer to write your Complaint to ensure that it is in line with the rules of the court where you are suing. This is especially important if you are involved in a case that may be contested by the insurance company of the opposing company that has its own lawyers with specialized experience in handling such cases.
The Complaint will be written and filed with the appropriate court. It will then be personally delivered to the person who caused the injury. This is known as service of process and it assures that the defendant gets the Complaint in its entirety along with your demand for damages.
The defendant must respond within a specified time period after receiving a copy your Complaint. If they don't they could be found in violation of their obligations to you. The defendant can respond in the form of an official Answer to the Complaint, a Motion to dismiss or counterclaim.
When the defendant files their response to your Complaint, both sides will begin exchanging documents in preparation for discovery. Your attorney will need to gather evidence and information about the incident the injuries you sustained and your losses.
One of the most important tools used by your lawyer for injury during this phase is something known as a Request for Admission. Your lawyer will ask the defendant a series of questions to confirm or deflect their answers under an oath. This will aid in identifying any aspects of the case that might require additional investigation, for example, medical records or witness testimony.
The Litigation Period
In most civil law nations, there are laws called statutes of limitation. They stipulate that lawsuits must be filed within a certain time frame after an injury or else the right to pursue action will expire. This is sometimes called "time barred."
Statutes of limitations vary depending on the country of origin, as well as the type of case. The majority of them permit plaintiffs in a breach in contract or personal injury to sue within a set number of years from the event that caused the injury.
When the clock starts ticking on the statute of limitations, it can be confusing to determine precisely when the deadline is. It will be based upon the date that the harm was caused or the date that the damage was discovered. It could also be based on the date that a judge would decide that a person reasonable ought to have realized that they were injured.
The clock will start to run from the date the harm occurred or when the plaintiff should have discovered the damage. Sometimes, a court can extend the statute of limitations or toll it for special circumstances. For example the case where a doctor is performing an operation on a patient, and then accidentally removes their spleen during the procedure, this could be considered medical negligence. In this case, the patient may be subject to an extended two-year limit.
The judge will decide based on evidence presented by the parties. The judge's decision will be a judgment that is written and will set out the facts the judge determined to be true and the legal implications that flow from those facts. The judgment will also contain guidelines on who is accountable for what amount. In most cases, the plaintiff will be ordered to pay for any damages that are awarded, while the defendant will be ordered to pay 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
During litigation, parties often try to settle a dispute. This is done to save money, like on court fees and expert witness fees etc. It also reduces time and stress of going to trial. New Bedford injury attorneys aim at getting a settlement that will cover your losses, including medical bills as well as lost income, discomfort and pain. In wrongful death cases it is possible to get compensation provided in the event of the loss of a loved one who died. Remember that the insurance company will often attempt to underpay you. This is why it is important to be able to count on a seasoned personal injury lawyer, such as those at Salvi, Schostok & Pritchard P.C. and be on your side during this procedure.
Negotiation is an informal process that is voluntary to resolve disputes. It can take various forms. It can take place during the litigation process or after a decision is reached by a jury during a trial. It is a common process that occurs on all levels of society, both on an individual level and at the corporate and governmental levels.
