Although every injury attorney case is different, most have a common pattern. The first step is getting immediate medical attention. This is vital because certain injuries, such as concussions may not have any obvious symptoms.
Your lawyer will then prepare and send an insurance demand letter to the negligent party. This will begin the process of negotiation to settle your claim.
The Complaint
In a lawsuit the complaint is the legal document in which you (the plaintiff) write about what actions of the defendant or lack of action directly caused your injuries. The complaint also includes a demand for relief that is the monetary amount you want from the defendant as compensation for your losses. The complaint also contains a request for declaratory judgment and injunctive relief, as well as compensatory and actual damages (monetary) and costs, punitive damages, and interest.
It is a smart move to hire an injury attorney near me lawyer to write your Complaint to ensure that it adheres to all the rules of the court where you are suing. This is especially important when you're involved in a case that may be contested by the opposing party's insurance company, which has its own lawyers with specialized expertise in handling these cases.
When your Complaint has been prepared and filed, it will be filed with the appropriate court, and then personally delivered to the person or entity that injured you. This process is called service of process and it ensures that the defendant receives the Complaint in its entirety along with your demand for damages.
After the defendant has received a copy of the Complaint and is required to respond to it within a specified time or risk being found in breach of their obligation to pay 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 lawyer will have to collect evidence and details about the accident, your injuries, and your losses.
One of the most important tools available to your injury lawyer during this phase is something called a Request for admission. Your lawyer will ask the defendant a series questions to confirm or deflect their answers under oath. This can be used to assist in identifying any areas of the case that may 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. These laws stipulate that a lawsuit must be brought within a specified time after an injury, or else the right to sue will be lost. This is sometimes referred to as "time barred."
The statute of limitations can differ based on the country and the nature of the case. The majority of them permit plaintiffs in a breach of contract or personal attorney injury lawyer to file a lawsuit within a certain number of years from the incident that caused injury.
When the clock begins to tick on the time limit it can be a bit confusing to determine precisely when the deadline is. It will be determined by the date of the injury attorney near me or the date the damage is discovered. It could be based on a date that a judge will consider a person to be reasonably could have realized that they were injured (such as when it is a mental illness that is not apparent or a hidden illness).
The clock will begin to count down from the day that the damage occurred or from the day that the injury ought to have been discovered by the plaintiff. Sometimes, a court may extend the statute of limitations or toll it in certain circumstances. Medical malpractice is the case when a doctor accidentally removes a patient's spleen during an operation. In this case, the patient could be subject to an extended limitation of two years.
The parties will present their arguments before an impartial judge and the judge will take an informed decision based on the evidence presented. This written decision will include the facts that the judge has determined to be true, as well as the legal implications that result from these. The judgment will also contain guidelines regarding who is responsible for the amount. Usually, the plaintiff will be ordered to pay for any damages that are awarded, while the defendant will be required to pay all costs associated with the trial. If the judge decides that the defendant is responsible, the defendant may be ordered to pay the legal fees of the plaintiff.
Negotiation
During the litigation process, parties will often attempt to reach a settlement of the case. This is done to save money, such as on court fees as well as expert witness fees, etc. This could also reduce time and the stress that comes with going to court. The aim of settlement negotiations is to reach an amount that will cover all losses, including medical expenses, lost wages, and pain and suffering. In wrongful death cases, compensation can also be paid for the loss of a loved one who died. Remember that the insurance company is often trying to underpay you. This is the reason you should be able to count on a seasoned personal injury lawyer, such as those at Salvi, Schostok & Pritchard P.C. On your side throughout this process.
Negotiation is a voluntary, dispute resolution procedure that can take a variety of forms. It can occur in the course of litigation or after a verdict is reached by a jury in the course of a trial. It is a regular process that can occur at all levels of society, both at an individual basis as well as on a corporate and government levels.
