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Although every injury case is unique, the majority of cases have a common pattern. The first step is seeking medical treatment as soon as it is possible. It is important to seek medical attention immediately because some injuries like concussions may not manifest any symptoms.

Your lawyer will prepare and mail an agreement demand letter to the negligent party's insurance company. This will start the negotiation process to settle your claim.

The Complaint

The complaint is the legal document you (the plaintiff), use to describe the way in which the defendant's actions or inaction directly caused your injuries. The complaint contains a demand for relief that is the monetary amount you want from the defendant as compensation for your damages. The complaint also contains a request for a declaratory judgment, an injunctive decree as well as compensatory and actual damages (monetary) and punitive damages, costs, and interest.

It is a smart idea to employ an injury lawyer to prepare your Complaint to ensure it is in line with the rules of the court where you are suing. This is particularly true if you are involved in a matter that could be challenged by the opposing party's insurance company which has its own lawyers who have specialized experience handling such cases.

Once your Complaint is completed and filed, it will be filed with the appropriate court and then personally delivered to the person or entity who injured you. This is referred to as service of Process. It ensures that your Complaint includes the demand for damages.

When the defendant is served with the copy of the Complaint the defendant must respond within a specific timeframe or risk being found in default of their obligation pay you. The defendant's response can be in the form of a formal answer to the Complaint, a Motion Dismiss or a Counterclaim.

After the defendant 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 about the incident, your injuries, and your losses.


One of the most important tools for your injury lawyer during this stage is known as a Request for Admission. It is a set of questions that your attorney will ask the defendant to agree to or to deny under the oath. This can be used as a tool to determine areas of the case that require more investigation, such as witness testimony or medical records.

The Litigation Period

In the majority of civil law nations there are laws that are called statutes of limitation. They stipulate that a lawsuit must be brought within a specific time after an injury, or else the right to sue will end. This is commonly referred to as being "time barred."

The time period for filing a claim is different based on the country and the type of case. The majority of them permit plaintiffs in a breach of contract or personal injury to file a lawsuit within a specified amount of time after the event that caused the injury.

It can be difficult to determine the exact date of the statute of limitations, when the clock begins to tick. It is based on the date the harm was caused or the date the damage was discovered. It could be based on the date that a judge will consider that a person reasonably should have discovered that they were injured (such as when it's an undiagnosed mental condition or a hidden illness).

The clock will begin to count down from the date on which the harm occurred, or from the day that the injury ought to have been discovered by the plaintiff. A court can sometimes extend or reduce 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 judge will make a decision on the basis of evidence provided by the parties. The decision will be a written judgment in writing and will set out the facts which the judge found proved and the legal conclusions which are derived from these facts. The judgment will include instructions regarding who is responsible for what amount. In most cases the plaintiff will be required to pay for any damages awarded and the defendant will be required to cover all costs incurred with the trial. If the judge finds that the defendant is at fault then the defendant could be ordered to pay the claimant's legal fees.

Negotiation

In the process of litigation parties often try to reach a compromise on the case. This is usually done to save money on costs such as court fees, expert witnesses, etc. It can also save time and stress of going to trial. The aim of settlement negotiations is to negotiate an amount that will cover all your losses, which includes medical expenses, lost wages and suffering and pain. In the case of wrongful death, compensation can also be paid in the event of the loss of a loved one who died. Remember that the insurance company is often trying to underpay you. This is why you should employ a skilled personal injury lawyer such as those at Salvi, Schostok & Pritchard P.C. On your side during this process.

Negotiation is an informal process of settling disputes. It can take numerous forms. It can happen in the course of trial or after a jury has come to the verdict of an investigation. It is a regular process that takes place at all levels of society, both on an individual level as well as at corporate and government levels.

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