How Do Injury Lawsuits Work?
While every injury case is different, most follow a similar pattern. The first step is seeking medical attention as soon as possible. It is crucial to seek medical attention right away since some injuries, such as concussions, may not show any symptoms.
Next, your lawyer will draft and send a settlement demand letter to the negligent party's insurance company. This will initiate the process of negotiation to settle your claim.
The Complaint
In a lawsuit the complaint is the legal document that you (the plaintiff) describe how the defendant's actions or lack of action caused your injuries. The complaint also contains a demand for compensation, which is an amount of money you wish to receive from the defendant for your losses. It also includes a demand for declaratory judgment and injunctive relief, as well as compensatory and actual damages (monetary), costs, punitive damages, and interest.
It is a smart move to hire an injury lawyer to draft your Complaint to ensure 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 could be challenged by the insurance company which has its own lawyers who have specialized experience in handling such cases.
The Complaint will be written and filed in the appropriate court. It will then be personally delivered to the person who injured you. This is known as service of process. It assures that the defendant gets your Complaint and your request for damages.
Once the defendant receives a copy of the Complaint the defendant must respond within a certain time frame or risk being found in default of their obligation to pay you. The defendant's response could take the form of a formal Response to the Complaint, a Motion to Dismiss or a Counterclaim.
When the defendant files their response to your Complaint, both sides will begin exchanging information for pre-trial discovery. This is a crucial stage for your attorney to gather information and evidence about how the accident occurred and the severity of your injuries, and the extent of your losses.
A Request for Admission is one of the most effective tools your lawyer for injury can employ during this stage. It is a set of questions your lawyer will ask the defendant to admit or to deny under an oath. This could be used to help identify any areas of the case that require further investigation, such as medical records or witness testimony.
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 frame after an injury, or else the right to pursue action will expire. Chattanooga is sometimes referred to as being "time barred."
The time period for filing a claim is different based on the country and the type of case. Most of them allow plaintiffs for a breach of contract or personal injury to bring a suit within a specified number of years from the event which caused injury.
When the clock begins to tick on the time limit it can be a bit confusing to know exactly when the deadline is. It will be based upon the date the damage was caused or the date the damage was discovered. It could also be based on the date that a judge will think a person reasonable could have realized that they were 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 counting down from the day that the damage was committed, or from the day that the injury ought to have been discovered by the plaintiff. A court may sometimes extend or impose a suspension on the statute of limitations in specific circumstances. Medical malpractice would be the case when a doctor mistakenly removes a patient's spleen during an operation. The patient could be entitled to a two-year extension.
The parties will present their arguments before an individual judge, and the judge will make an assessment in accordance with the evidence submitted. This written decision will include the facts the judge has determined to be true and the legal conclusions that flow from these. The judgment will also contain directions as to who should pay what sums. The plaintiff is usually ordered to pay for the damages that are awarded, and the defendant to cover the costs of the trial. If the judge finds that the defendant is at fault and the defendant is found to be at fault, the defendant could be ordered to pay the claimant's legal fees.
Negotiation
During the litigation process parties will usually try to settle a case. This is done to save money, like on court fees, expert witness fees, etc. It can also save time and stress of going to trial. Settlement negotiations are designed to help you in getting a settlement that will cover your losses, including medical expenses as well as lost income, discomfort and pain. It may also include compensation for a deceased family member's loss in cases of wrongful death. It is crucial to keep in mind that the insurance company of the at fault party will often try to lower your compensation and will not pay the amount you deserve. It is essential to choose an injury lawyer who has experience, like those at Salvi Schostok & Pritchard P.C. on your side.
Negotiation is a non-binding, dispute resolution process that can take many forms. It can take place in the course of litigation or after a verdict is reached by a jury during the course of a trial. It is a process that happens at all levels of society - both at an individual and corporate level.