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 immediate medical attention. It is essential to seek medical attention right away because some injuries like concussions may not show any symptoms.
Your lawyer will then draft and send an insurance demand letter to the negligent party. This will begin 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 also includes a demand for relief that is the monetary amount that you are seeking from the defendant as compensation for the damages you sustained. The complaint also contains a request for declaratory judgment or injunctive relief, compensation and actual damages (monetary) and costs, punitive damages and interest.
It is a smart move to employ an injury lawyer to prepare your Complaint to ensure that it adheres to all the rules of the court in which you will be litigating. This is especially important if your case could be challenged by the insurance company of the opposing party which has lawyers with experience in handling such cases.
After your Complaint is prepared and filed, it will be filed with the appropriate court, and then personally delivered to the person or entity that caused you harm. This process is called service of process. It guarantees that the defendant is given a copy of your Complaint along with your request for damages.
When the defendant is served with a copy of the Complaint, they must respond to it within a certain time frame or risk being found in default of their obligation pay you. The defendant can respond in the form of an official response to the Complaint, motion to dismiss or a counterclaim.
After the defendant has filed their response to your Complaint, both sides will begin exchanging documents in preparation for discovery. Your attorney will need to collect evidence and details regarding the accident, your injuries, and the losses you suffered.
One of the most important tools available to your injury lawyer in this phase is known as a Request for Admission. Your lawyer will ask the defendant a series of questions to verify or deny their answers under an oath. This will help identify 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 that are called statutes of limitation. They stipulate that lawsuits must be filed within a specific time period after the occurrence of an injury or else the right to pursue action will expire. This is commonly referred to as being "time barred."
The statute of limitations varies based on the country, and the nature of the case. However, most of them allow plaintiffs to sue over a breach of contract or personal injury within a period of years after the incident that caused the injury.
It is sometimes difficult to determine the exact date of the statute of limitations at the time the clock starts to tick. It is based on the date of the injury or the date the damage is discovered. It may also be based on the date that a judge will consider to be the date that an individual reasonably should have discovered they were injured.
The clock will begin to run from the date the incident occurred or when the plaintiff should have realized the harm. Sometimes, a court will extend the statute of limitations or toll it in certain circumstances. For example, if a doctor performs an operation on a patient and accidentally removes their spleen as part of the procedure, this could qualify as medical malpractice. As such, the patient may be subject to an extended two-year limit.
The parties will present their arguments to an impartial judge and the judge will make a decision in accordance with the evidence submitted. The decision will be a judgment written in writing and will spell out the facts that the judge deemed to be proven, and the legal conclusions that flow from those facts. The judgment will include instructions as to who is responsible for the amount. The plaintiff is usually ordered to pay the damages that are awarded, and the defendant to cover the costs of the trial. If the judge decides that the defendant was at fault, they may also be ordered to pay attorney's fees for a claimant.
New York injury lawyers
During the litigation process parties will usually try to reach a settlement of the case. This is done to save money, for instance court costs, expert witness fees, and so on. This can also reduce time and the stress that comes with going to court. The purpose of settlement negotiations is to negotiate an amount that covers all losses, including medical bills, lost wages and suffering and pain. It may also include compensation for a deceased family member's loss in cases of wrongful death. Remember that the insurance company will often try and underpay you. It is crucial to choose an attorney for personal injuries who has experience, like those at Salvi Schostok & Pritchard P.C. on your side.
Negotiation is a voluntary, dispute resolution process that can take a variety of forms. It can take place in the course of litigation or after a verdict is reached by a jury in a trial. It's a process that takes place at all levels of society - both at an individual and corporate scale.