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How Personal Injury Lawsuits Work Personal injury lawsuits are civil disputes over compensation for injuries or losses. These lawsuits typically involve a party who is at fault (defendant) and an injured party referred to as the plaintiff. Your lawyer will review all medical records along with other documentation, in order to determine the full extent and cost of your injuries and damages. This will allow them to prepare and negotiate with the insurance company for you. Damages If a plaintiff is successful in a personal injury case, the judge gives them money to pay for damages. The funds may be awarded in lump sums or spread out over a time period or as part of a structured settlement. These funds are referred to as compensatory damages. There are two types of compensatory damages: specific and general. Special damages are expenses that can be categorized and quantifiable for example, medical expenses and lost wages. General damages are harder to place a dollar value on, like pain and suffering and loss of enjoyment. Keep a diary of how your injuries have affected you can help improve the odds of obtaining maximum compensation for non-economic damages. This includes the effect on your relationships, your pain levels on a daily basis mental stress and your ability to do things you used to take for granted. In a majority of personal injury cases, multiple defendants are accountable. This is especially common when an individual or business is guilty of gross negligence, fraud, and criminal intention. The court can also award punitive damages to discourage others from doing the same thing. When a lawsuit is filed, the defendants will receive a summons and complaint. The defendants are required to provide a response (also called an answering) within 30 days. Usually, the defendants deny the allegations made in the complaint. After the answer has been filed, the case enters an investigation known as discovery. The parties will exchange information and evidence in this stage including depositions. This phase takes up the majority of the personal injury timeline. Statute of limitations If you file an injury lawsuit after the statute of limitations runs out you could lose the right to collect damages. It is crucial to speak with an attorney in personal injury as soon as you can even if you're not certain if the incident occurred within the timeframe. A statute of limitations is a law in a state which sets a time frame on the time you must file an injury lawsuit. In many states the statute of limitations runs with the date of the accident or incident that caused your injuries. The deadline for filing a personal injury lawsuit also depends on the person you're seeking to sue. If you want to sue an entity of municipal government (such as city or county) the deadline will be much shorter. In addition, there are certain situations that can change the statute of limitations in your situation. If you were exposed toxic substances or were the victim of medical malpractice, for instance, the statute of limitation could begin when you realize or reasonably should have known that your injuries are due to negligence. In some cases minors are not subject to the statute of limitations. If you file an injury claim after the statute of limitations has expired, the defendant will most likely to inform the court and ask for your lawsuit to be dismissed. If this happens, the court will dismiss your claim in a sweeping manner without a hearing. It is essential to contact an attorney for personal injuries immediately to discuss your case to determine if you can make a legal claim. Complaint A complaint is a formal legal document that is filed by a person who claims a cause of action and demands the judicial remedy. The complaint must also state what kind of compensation the plaintiff is seeking. The defendant is then required to respond within a specific timeframe. The defendant is usually able to reject the claim. If the defendant fails to respond, a default judgment may be made in favor of the petitioner. Personal injury claims are generally caused by bodily injury. Your attorney will ensure that you get paid for the medical bills you are currently paying and any future expenses. This includes things like medications, home care and physical therapy. You can also claim for any loss in your quality of life that is caused by your injury. This includes the inability to sleep, drive or walk normally. This type of damages is known as pain and suffering. The court will schedule the preliminary conference after the complaint has been filed. This will be used to schedule any required oral or physical examinations and also the production of any documents. Following the conference, your lawyer will prepare an Bill of Particulars. It will provide a full description of your injuries. It will include all your losses including the cost of your present and future medical expenses, lost earnings and property damage. Your lawyer will also detail the possible emotional distress and disfigurement, the loss of enjoyment of life and any other damages that are not monetary you seek. If your case is deemed to have probable cause, you will be scheduled for an open hearing. If the complaint is dismissed as a result of a decision that there is no probable cause or because the court does not have jurisdiction, you are able to appeal the decision. Summons The formal lawsuit starts with the issue of a summons. The plaintiff files a complaint with the court and sends the defendant a copy by registered or certified mail within a specified time. The defendant must respond or risk a default judgment against them. Your New York City personal injury attorney will submit a Bill of Particulars, which describes the injuries and damages you've suffered in greater detail. It may include photographs of your injuries, medical bills, and lost wages. The document also contains details about the accident and how you believe the defendant is accountable for the harm. During the middle part of a lawsuit referred to as “discovery,” each party is allowed to ask questions and inspect the evidence of the other party. The representatives of the defendant will want to have all the facts before making settlement offers, so your attorney plays a significant role in negotiations during this stage. Your lawyer may also request to see you by a physician they select for the damages or injuries you're claiming. If you don't attend, the court could dismiss your case. Or order that you pay for the doctor's examination costs. After a discovery and inspection, attorneys on both sides can file a form called “Notice of Issue and Statement of Ready for Trial” to inform the court that their case is prepared for trial. The judge will then set the trial date. During the trial, a jury will decide if the defendant is responsible for the accident and your injuries. If the defendant is liable for the accident, the jury will award you damages. If the defendant isn't liable and the jury decides to deny your claim. Trial A personal injury lawsuit encompasses a range of injuries which include wrongful deaths; emotional distress (libel and slander) as well as physical injuries caused by accidents such as car crashes and falls. A lawsuit may also be filed for non-physical injuries such as discomfort and pain and loss of companionship. In the early stages of your case the lawyer will investigate your accident to fully understand what occurred and the extent of your damages. The lawyer will then discuss the matter with the insurance company of the party who is at the fault. Your attorney will keep in contact with you regarding any significant developments and will also negotiate throughout the entire process. If negotiations fail and your lawyer has to submit a formal complaint to court against the defendant. A Complaint, the first official document of a civil suit, lists all parties, details the incident and lays out allegations of wrongdoing. It also requests compensation. The complaint must be served personally which means it must be handed over physically to the defendant. This typically takes about one month. After www.youtube.com has been completed, the defendant must “answer” the Complaint within a set time, which is usually 30 days. The answer is whether the defendant is willing to admit the allegations in the Complaint or refuses to acknowledge them. During this time your lawyer may submit medical records, documents as well as other evidence in support of your case. The lawyer representing the defendant will then respond to these documents, and then the two sides will begin negotiations. If the parties are not able to reach an agreement, mediation or arbitration may be required before your case can go to trial. However, a large percentage of personal injury cases settle out of court. After a settlement has been reached, your lawyer has to pay any businesses that have liens on the monetary settlement out of a separate account in escrow before he/ she will write you a check.