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How Personal Injury Lawsuits Work A personal injury lawsuit is a civil battle over the amount of compensation for injuries and losses. In these situations the defendant is usually the person who is at fault. The plaintiff is typically the victim. Your lawyer will review your medical records and other documents, to determine the totality and cost of your injuries and damage. This will help them prepare and negotiate with the insurance company on behalf of you. Damages If a plaintiff is successful in a personal injury case the courts award them funds to pay for their damages. These funds may be awarded in a lump sum or paid over time as part of a structured settlement. These funds are referred to as compensatory damages. There are two kinds of compensatory damages: special and general. Special damages are expenses which can be listed and quantifiable for example, medical expenses and lost wages. General damages, such as discomfort and pain, as well as loss of enjoyment of life, are more difficult to quantify. Keep a diary to record how your injuries impacted you. This increases your chances of receiving maximum compensation for any non-economic losses. These include the effects on your relationships, daily pain levels and bouts of mental anguish, and how injuries affect your ability to engage in activities you once took for granted. In a majority of personal injury cases, multiple defendants are accountable. This is most common when a person or business commits fraud, criminal intent or gross negligence. The court may also award punitive damages to deter other people from engaging in the same manner. After a lawsuit has been filed the defendants will be served with a summons and complaint. The defendants must submit a response (also known as an answering) within 30 days. Typically, defendants will not deny the allegations contained in the complaint. After the answer has been filed, the case is moved to an investigation known as discovery. Both parties will exchange information and evidence in this stage and may even conduct depositions. This stage takes up the majority of the personal injury timeline. Statute of limitations If you file a lawsuit for injury after the statute of limitation expires, it is possible that you will lose the right to damages. It is essential to speak with an attorney for personal injuries as soon as you can, even if you're not sure whether the accident occurred within the timeframe. A statute of limitations is a law in a state that sets a deadline for filing an action. In the majority of states, the statute of limitations begins with the date of the accident or incident that led to your injuries. The deadline to file a lawsuit for personal injury also depends on the person you are suing. If you want to sue an entity that is a part of the municipal government (such as a county or city), the deadline will be shorter. In addition there are certain circumstances that can change the statute of limitations in your situation. If you were exposed toxic substances or suffered from medical malpractice, for instance the statute of limitations may begin when you discover or ought to have known that your injuries are the result of negligence. In certain cases, the statute of limitations is tolled for minors. If you make a claim for injury after the statute of limitations has expired the defendant will likely tell the court about this and request to dismiss your claim. If this occurs, the court could summarily dismiss your claim without hearing. This is why it's important to consult an experienced personal injury lawyer early to discuss your case and determine if you have a viable legal claim. Complaint A complaint is an official legal document that is filed by a party that claims a cause of action and demands judicial relief. The complaint must also specify the kind of compensation the plaintiff seeks. The defendant must then respond within a specified time period. A defendant will usually reject the claim. If the defendant fails to respond to the claim, a default judgment could be granted in favor of the petitioner. Personal injury claims are usually founded on bodily injury. Your lawyer will ensure that you are compensated both for medical bills currently incurred and any future expenses. This includes things like medications or home care, as well as physical therapy. You may also be able to claim any loss in your quality of life that is resulted from your injury. This includes the inability to walk, drive or sleep normally. You Tube of damage is known as pain and suffering. The court will set up the preliminary conference after the complaint is filed. This will be used to schedule any required oral or physical examinations, as well as the production of any documents. Following the conference, your lawyer will prepare an Bill of Particulars. It is a comprehensive description of your injuries. It will include your losses including future and present medical costs loss of wages, as well as property damage. Your lawyer will describe any emotional distress, disfigurement, or loss of enjoyment as well as any other non-monetary damages that you seek. If your case is determined to be probable cause, you will be scheduled for an open hearing. If the complaint is dismissed as a result of a ruling that there is no probable cause, or because the court does not have jurisdiction, you can appeal the decision. Summons The formal lawsuit begins with the issue of a summons. The plaintiff file a complaint with the court and sends the defendant a copy by registered or certified mail within a certain time frame. The defendant has to respond, or they risk a default judgement against them. Your New York City personal injury attorney will submit an Bill of Particulars, which sets out the damages and injuries you've suffered more fully. It could include photos of your injuries, medical bills, and lost wages. It may also include details of the incident and the manner in which the defendant is accountable for your harm. In the middle of a lawsuit, also known as “discovery” in which each party is given the chance to ask questions and review evidence presented by the other party. Your attorney will be important in this phase of negotiations because the representatives of the defendant want to have complete information before they make settlement offers. Your lawyer can also request that you undergo an examination by a doctor of their choosing regarding the injuries and damages you're claiming. If you do not attend, the court could dismiss your case. Or order that you pay for the defendant's exam costs. Once discovery and inspection are completed, attorneys on both sides can file a document known as an “Notice of Issue and Statement of Readyness for Trial.” This informs the court that your case is ready to go to trial. The judge will then determine the trial date. During the trial the jury will decide if the defendant was responsible for the accident as well as the injuries you suffered. If the defendant is responsible and the jury awards you damages. If the defendant isn't accountable, the jury will reject your claim. Trial A personal injury case involves a wide 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. In addition, lawsuits may also be filed to address physical injuries, such as suffering and pain, as well as loss of companionship. Your lawyer will conduct research on the accident during the beginning stages of the case to determine the exact cause and the extent of your injuries. The lawyer will then engage with the insurance company of the party at fault. Your attorney will stay in touch with you about any significant developments and will also negotiate throughout the entire process. If negotiations fail, your lawyer will file a formal complaint in court against defendant. A Complaint is the first official document in a civil lawsuit. It identifies the parties, details the incident, claims that there was wrongdoing and demands compensation. The complaint must be served personally, which means that it must be handed over physically to the defendant. It usually takes about a month. After service, the defendant has 30 days to “answer” the Complaint. The answer is whether the defendant acknowledges the allegations made in the Complaint or refuses to acknowledge them. During this phase your lawyer will be able to submit documents, medical records as well as other evidence in support of your case. The attorney representing the defendant will then respond to these documents, and then the two sides will begin discussions. If the parties are not able to reach a settlement the mediation or arbitration process could be required prior to your case goes to trial. A significant portion of personal injury cases are settled outside of court. Once a settlement is reached, your lawyer has to pay any companies with lien on the settlement out of a separate escrow account before he or they can issue a check.