How Do Injury Lawsuits Work?
Every injury is unique, but the majority of them follow a similar pattern. The first step is getting immediate medical attention. This is crucial because some injuries, like concussions, might not present any obvious signs.
Your lawyer will then draft and send an insurance demand letter to the responsible 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 caused your injuries. The complaint contains a demand for relief that is the monetary amount that you are seeking from the defendant as compensation for the damages you sustained. It also includes a prayer for declaratory judgment or injunctive relief, compensation and actual damages (monetary) as well as costs, punitive damages, and interest.
It is a good idea to engage an injury lawyer to prepare your Complaint in order to ensure it complies with all rules of the court in which you are suing. This is particularly true when your case may be challenged by the insurance company of the opposing party, which has lawyers with experience in handling these cases.
Your Complaint will be prepared and filed with the appropriate court. Then, it will be personally delivered to the person who caused the injury. This is called service of Process. It ensures that your Complaint contains your claim for damages.
When the defendant is served with a copy of the Complaint, they must respond to it within a specified time or risk being found to be in default of their obligation to pay you. The defendant may respond in the form of an official answer to the Complaint or an Motion to Dismiss or counterclaim.
Both parties will exchange documents to prepare for trial. Your lawyer will have to gather evidence and information regarding the accident the injuries you sustained and your losses.
One of the most important tools available to your lawyer for injury in this phase is known as a Request for Admission. It is a set of questions your lawyer will ask the defendant to admit or to deny under oath. This will assist in identifying any areas of the case that require additional investigation, for example, witnesses' testimony or medical records.
The Litigation Period
In many civil law countries, there are laws called statutes of limitations. These laws stipulate that a lawsuit must be filed within a certain time period following an injury, or else the right to sue will expire. This is often called "time barred."
The time period for filing a claim is different based on the country and the type case. Most of them allow plaintiffs for a breach in contract or personal injury to file a lawsuit within a certain amount of time after the event which caused injury.
It is sometimes difficult to determine the exact date of the statute of limitations when the clock starts to tick. It is based on the date the damage was caused or the date the damage was discovered. It could also be based upon the date that a judge would consider that an individual reasonable ought to have realized that they had been harmed.
The clock will start to run from the day the harm occurred or the day the plaintiff should have discovered the harm. Sometimes, a court may extend the statute of limitations or toll it for special circumstances. Medical malpractice would be the case when a doctor accidentally removes a patient's spleen during an operation. As such, the patient could be subject to an extended limitation of two years.
The judge will make a decision based on evidence presented by the parties. Corpus Christi injury attorneys will be a judgment that is in writing and will set out the facts which the judge found proved and the legal conclusions which are derived from these facts. The judgment will include instructions on who is accountable for what amount. In most cases the plaintiff will be required to pay the damages if awarded and the defendant will be required to cover all costs incurred with the trial. If the judge decides that the defendant is in fact at fault, the defendant may be ordered to pay the claimant's legal fees.
Negotiation
During the litigation, parties will often attempt to settle the case. This is done to save money, for instance court costs, expert witness fees, etc. This could also help you avoid the stress of going to court. The purpose of settlement negotiations is to negotiate an amount that will cover all your losses, which includes medical expenses, lost wages, and pain and suffering. In wrongful death cases, compensation can also be provided for the loss of a loved one who died. Be aware that insurance companies will often try and underpay you. This is why it is important to employ a skilled personal injury lawyer such as those at Salvi, Schostok & Pritchard P.C. and be on your side throughout this process.
Negotiation is a non-formal process of settling disputes. It can take many forms. It may occur during litigation or after a jury has reached the verdict of the course of a trial. It's a process that happens at all levels of society, both on an individual and a corporate level.