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How Do Injury Lawsuits Work? Although every injury case is unique, the majority of cases follow a similar pattern. The first step is to seek medical treatment as soon as it is possible. This is important because some injuries, such as concussions may not have any obvious signs. Your lawyer will draft and send an agreement demand letter to the negligent party's insurance company. This will initiate the negotiation process to settle your claim. The Complaint The complaint is the legal document that you (the plaintiff), use to describe the manner in which the defendant's actions, or inaction directly led to your injuries. The complaint also includes a demand for relief which is the financial amount you want from the defendant as compensation for the damages you sustained. It also includes a demand for declaratory judgment, injunctive relief, compensatory and actual damages (monetary) as well as costs, punitive damages and interest. It is recommended to employ an injury lawyer to draft your Complaint so it adheres to the specific rules of the court in which you are trying to litigate. This is especially important if you are involved in a matter that could be contested by the opposing party's insurance company, which has its own lawyers who are specialized in experience in handling such cases. Once your Complaint is completed, it will be filed in the appropriate court and then personally delivered to the person or entity that caused you harm. This process is called service of process and it ensures that the defendant receives your Complaint along with your demand for damages. Once the defendant receives the copy of the Complaint and is required to respond to it within a specified time or risk being found to be in breach of their obligation to pay you. The defendant can respond in the form of an official Answer to the Complaint or a Motion to dismiss or a counterclaim. After Rapid City injury attorneys files their response to your Complaint, both sides will begin exchanging information for pre-trial discovery. Your attorney will need to collect evidence and details regarding the accident the injuries you sustained and the losses you suffered. One of the most important tools for your injury lawyer during this stage is known as a Request for Admission. This is a series of questions your lawyer will request the defendant to answer or deny under oath. This will assist in identifying any areas of the case that may require more investigation, like witness testimony or medical documents. The Litigation Period In many civil law countries there are laws known as statutes of limitation. They stipulate that a lawsuit must be brought within a certain time period after the injury or otherwise the right to sue will end. This is often known as being “time barred.” The statute of limitations varies based on the country and the type of case. However, they generally allow plaintiffs to sue for a breach of contract or personal injury within a period of years following the event that caused the injury. When the clock begins to tick on the date of the deadline, it can be confusing to know exactly when the deadline is. It will be based upon the date on which the harm was caused or the date that the damage was discovered. It might also be based on the date that a judge will consider a person to be reasonably ought to have realized that they were harmed (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 should have discovered the harm. A court may sometimes extend or toll the statute of limitations in specific circumstances. Medical malpractice could be an instance where a physician mistakenly removes a patient's spleen during an operation. This means that the patient could have an extended two-year limit. The judge will make a decision based on evidence presented by the parties. The judge's decision will be a written judgment in writing and will set out the facts the judge deemed to be proven and the legal conclusions that flow from those facts. The judgment will also contain instructions on who should pay what sums. Typically, the plaintiff will be ordered to pay any damages awarded and the defendant will be required to pay all costs associated with the trial. If the judge determines that the defendant is at fault, the defendant may be ordered to pay the plaintiff's legal costs. Negotiation In the process of litigation, parties will often attempt to settle the case. This usually happens in order to save money on costs like court fees and expert witnesses, for instance. This could also help you avoid the stress that comes with going to court. The purpose of settlement negotiations is to negotiate the amount that covers all your losses, including medical expenses, lost wages, and suffering and pain. In wrongful death cases, compensation can also be provided in the event of the loss of a loved one who died. Be aware that insurance companies will often try and underpay you. It is crucial to find an injury lawyer with experience, such as the ones at Salvi Schostok & Pritchard P.C. on your side. Negotiation is a voluntary dispute resolution process that can take many forms. It may occur during the litigation process or after a decision is reached by a jury during the course of a trial. It's a process that occurs at all levels of society – at the individual and a corporate level.