How Do Injury Lawsuits Work?
Every injury is unique, but the majority of them have a common pattern. The first step is to get immediate medical attention. This is important because some injuries, like concussions, might not show any obvious symptoms.
Your lawyer will then prepare and send an insurance demand letter to the responsible party. This will initiate the negotiation process to settle your claim.
The Complaint
In a lawsuit the complaint is the legal document that you (the plaintiff) write about what actions of the defendant or lack of action caused your injuries. The complaint includes an order for relief which is the financial amount you seek from the defendant as compensation for your damages. It also includes a prayer for declaratory judgment and injunctive relief, as well as compensatory and actual damages (monetary) as well as punitive damages, costs and interest.
It is a smart idea to hire an injury lawyer to prepare your Complaint in order to ensure it adheres to all the rules of the court in which you are suing. This is especially important if your case could be challenged by the insurance company of the opposing party which has lawyers who are experienced in handling such cases.
The Complaint will be written and filed in the appropriate court. Then, it will be personally delivered to the person who caused the injury. This is known as service of process. It ensures that the defendant receives your Complaint along with your request for damages.
When the defendant is served with a copy of the Complaint the defendant must respond to it within a certain time frame or risk being found in breach of their obligation to pay you. The defendant may respond by filing an official answer to the Complaint or motion to dismiss or a counterclaim.
Both sides will share documents to prepare for trial. This is a crucial step for your attorney to collect information and evidence on how the accident occurred and the extent of your injuries, and the amount of your losses.
A Request for Admission is one of the most useful tools your injury lawyer can utilize in this phase. Your lawyer will interview the defendant with a series of questions to verify or deflect their answers under oath. This can be used as a tool to pinpoint areas of the case which require further investigation, for example witness testimony or medical records.
The Litigation Period
In most civil law nations there are laws that are called statutes of limitation. These laws stipulate that a lawsuit must be filed within a specified time frame after an injury, or else the right to pursue action will expire. This is sometimes referred to as "time barred."
Statutes of limitations vary depending on the country of origin, as well as the type of case. The majority of them allow plaintiffs who have suffered a breach of contract or personal injury to sue within a specified number of years of the incident that caused the injury.
Athens injury lawsuit is sometimes difficult to determine the exact date of the statute of limitations at the time the clock begins to tick. It is based on the date that the injury was incurred or the date the damage was discovered. It might also be based on the date that a judge will think a person reasonable ought to have realized that they had been injured (such as when it's a mental illness that is not apparent or an illness that is not readily apparent).
The clock will begin to run from the day that the injury occurred or when the plaintiff would have discovered the injury. A court may extend or impose a suspension on the statute of limitations in specific circumstances. For instance when a doctor performs an operation on a patient and accidentally removes their spleen in the procedure, this could qualify as medical malpractice. The patient may be entitled to a two-year extension.
The parties will present their cases before an impartial judge and the judge will then make an informed decision on the basis of the evidence presented. The decision will be a written judgment written in writing and will spell out the facts that the judge found proved, and the legal conclusions that flow from those facts. The judgment will then include directions as to who should pay what sums. The plaintiff is typically ordered to pay for the damages paid, while the defendant is ordered to pay the costs of the trial. If the judge decides that the defendant is at fault, they may also be ordered to pay a lawyer's fees of a plaintiff.
Negotiation
During the litigation, parties often try to settle the case. This usually happens to cut expenses like court fees and expert witnesses, for instance. It also helps to reduce time and anxiety of going to trial. The goal of settlement negotiations is to settle for an amount that covers all your losses, which includes medical expenses, lost wages and suffering. In wrongful death claims there is also the possibility of compensation being provided for the loss of a loved one who died. Be aware that insurance companies is often trying to underpay you. It is important to find an attorney for personal injuries with experience, such as those at Salvi Schostok & Pritchard P.C. to help you.
Negotiation is a non-formal, voluntary process for resolving disputes. It can take on many forms. It can occur during the litigation process or after a verdict is reached by a jury during 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 the corporate and governmental levels.