How Do Injury Lawsuits Work?
While every injury is different, most follow a similar pattern. The first step 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 manifest any symptoms.
Your lawyer will then prepare and send an insurance demand letter to the responsible party. This will begin the negotiation process 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 includes the demand for relief which is the financial amount that you are seeking from the defendant to compensate for your damages. The complaint also contains a request for a declaration judgment, an injunctive or a restraining order and actual and compensatory damages (monetary), punitive damage, costs, and interest.
It is a smart idea to employ an injury lawyer to draft your Complaint to ensure that it complies with all rules of the court in which you will be arguing. This is especially important in the event that your case is challenged by the insurance company of the opposing party that has lawyers who have experience in handling such cases.
Your Complaint will be drafted and filed with the appropriate court. Then, it will be personally delivered to the person who injured you. This is known as service of Process and ensures that your Complaint includes the demand for damages.
The defendant must respond within a specified time period after receiving a copy of your Complaint. Otherwise they may be found to be in breach of their obligation to you. The defendant can respond in the form of an official Answer to the Complaint or motion to dismiss or a counterclaim.
Both sides will exchange documents to prepare for trial. This is a crucial stage for your attorney to collect information and evidence about how the accident happened, the extent of your injuries as well as the extent of your losses.
Redwood City injury lawyer of the most important tools available to your lawyer for injury during this phase is something called a Request for admission. It is a set of questions that your attorney will ask the defendant to agree to or to deny under oath. This can be used to identify areas of the case which may need further investigation, for example witness testimony or medical records.
The Litigation Period
In many civil law countries there are laws known as statutes of limitations. They stipulate that a lawsuit has to be filed within a specific time period after the occurrence of an injury, or else the right of action will expire. This is sometimes called "time barred."
The time period for filing a claim varies depending on the country and the type of case. The majority of them permit plaintiffs in a breach in contract or personal injury to sue within a specified amount of time after the incident that caused injury.
As the clock begins to tick on the time limit it can be difficult to determine exactly when the deadline will be. It will be based on the date of the injury or the date the damage is discovered. It might also be based on the date that a judge would consider that a person reasonably could have realized that they were injured (such as when it's a mental illness that is not apparent or a hidden illness).
The clock will begin counting down from the date when the incident was committed or from the day on which the harm ought to have been discovered by the plaintiff. A court may sometimes extend or impose a suspension on 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 procedure, this could be considered medical malpractice. The patient could be entitled to an extension of two years.
The parties will present their case before an individual judge, and the judge will take a decision based on the evidence presented. The judge's decision will be a written judgment in writing and will set out the facts the judge found proved, and the legal conclusions that result from these facts. The judgment will also contain guidelines on who is accountable for what amount. Typically the plaintiff will be required to pay any damages awarded and the defendant will be required to pay for all costs associated with the trial. If the judge finds that the defendant is in fact at fault then the defendant could be ordered to pay the plaintiff's legal costs.
Negotiation
During the litigation, parties often try to settle a case. This is done to save money, such as court costs as well as expert witness fees, etc. It also reduces time and stress of going to trial. Settlement negotiations are aimed at reaching a settlement that covers your losses, which include medical bills as well as lost income, discomfort and pain. It could also include the compensation for a family member's loss in the case of wrongful deaths. Be aware that insurance companies is often trying to underpay you. This is the reason you should 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 process that is voluntary to resolve disputes. It can take numerous forms. It can occur during the litigation process or after a verdict is reached by a jury in the course of a trial. It is a regular process that occurs on all levels of society, both on an individual level and at corporate and government levels.