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How Personal Injury Lawsuits Work Personal injury lawsuits are civil disputes over the compensation for losses or injuries. These lawsuits typically involve a person at the fault (defendant) and an injured party known as the plaintiff. Your lawyer will review all of your medical records and other documentation, in order to determine the full extent and cost of your injuries and damage. This will allow them to prepare and negotiate with the insurance company on behalf of you. Damages When a plaintiff wins a personal injury lawsuit, the courts award them funds to cover their losses. These funds can be awarded in one lump sum or spread over time as part of a structured settlement. These funds are also known as compensatory damages. There are two kinds: general and special. Special damages are expenses which can be listed and quantifiable like medical expenses and lost wages. General damages are more difficult to put a dollar amount on, such as suffering and suffering, as well as loss of enjoyment of life. Keep a journal to document the way your injuries affected you. This will increase your chances of receiving maximum compensation for any non-economic losses. This includes the impact on your relationships, daily pain levels, and episodes of mental stress, and how injuries affect your ability to participate in activities you once took for granted. In many personal injury lawsuits there are multiple defendants. This is the most frequent scenario when a business or person commits criminal intent, fraud and gross negligence. The court can also award punitive damages to deter other people from engaging in the same manner. When a lawsuit is filed, the defendants will receive a summons and complaint. They are then required to submit a response or answer, within 30 days. Typically, defendants will contest the allegations made in the complaint. After the answer has been filed, the case moves to the phase of fact-finding, also known as discovery. The parties will share information and evidence in this stage, including taking depositions. This is where you will find the majority of the time in a personal injury lawsuit timeline. Statute of limitations If you file a lawsuit for injury after the statute of limitations expires, it's likely that you'll lose the right to damages. This is why it's important to consult an attorney for personal injury about your case early on, even if you are not sure if the accident happened within the deadline. A statute of limitations is a law of the state that provides a time frame for filing lawsuits. In most states, a statute of limitations begins on the date of the incident or incident caused your injuries. The deadline for filing a lawsuit for personal injury also varies depending on the person you are suing. If you intend to sue an entity of municipal government (such as a county or city), the deadline will be shorter. There are certain circumstances which could change the statute of limitation in your particular case. If you were exposed toxic substances or were the victim of medical malpractice, for example, the statute of limitation can begin when you discover or ought to have known that your injuries are due to negligence. In certain instances minors are exempt from the statute of limitations. If you file a personal injury claim after the time limit has expired, the defendant will most likely point this out to the court and ask for the case to be dismissed. In this case, the court will dismiss your claim without a hearing. This is why it's important to talk with an experienced personal injury lawyer as soon as possible to discuss your case and determine whether you have a legitimate legal claim. Complaint A complaint is a formal legal document filed by a plaintiff that alleges an actionable cause and demands the judicial remedy. The complaint should also define the type of compensation that the plaintiff seeks. The defendant is then required to respond within a specified timeframe. In general, a defendant will reject the claim. If the defendant does not respond, a default judgment may be made in favor of the petitioner. In the majority of cases, personal injury claims involve actual bodily injury. Your attorney will make sure that you receive compensation for the medical bills you are currently paying as well as any future expenses. These include things like medication or home care, as well as physical therapy. You may also be able to claim any loss in quality of life resulted from your injury. This includes the inability to sleep, drive or walk normally. This type of damages is referred to as pain and suffering. When a complaint is made and the court is notified, they will convene a preliminary conference to plan mandatory physical and oral examinations, as well as any document production. Your lawyer will then draft a Bill of Particulars. Discover More Here is a comprehensive description of your injuries. This will include your losses including future and present medical expenses loss of wages, as well as property damage. Your lawyer will outline any emotional distress, disfigurement or loss of enjoyment as well as any other damages that are not monetary that you seek. If your case is found to have probable cause, you will be scheduled for an open hearing. If your complaint is dismissed due to a finding of no probable reason or because the court does not have authority, you can appeal the decision. Summons The formal process of a lawsuit begins with a summons and a complaint. The plaintiff file the complaint with an appropriate court and then sends a copy of the document to the defendant via certified or registered mail within a certain time frame. The defendant must respond or risk default judgment against them. Your New York City personal injuries attorney will file an Bill of Particulars that outlines the injuries and damages suffered by you in more detail. This could include photos of your injuries, medical expenses and lost wages. The document also contains details about the incident and how you think the defendant is responsible for the harm. In the middle of a lawsuit, also known as “discovery,” each party is allowed to ask questions and inspect the evidence of the other party. Your attorney will be important in this phase of negotiations as the representatives of the defendant want to have complete information prior to making settlement offers. Your lawyer can also request that you are examined by a doctor they choose in relation to the damages or injuries you're claiming. If you fail to attend, the court could dismiss your case. Or order that you pay for the defendant's examination costs. After discovery and inspection, attorneys on both sides can file a document 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 decide on a trial. During the trial, a jury will determine if the defendant is at fault for the accident and your injuries. If the defendant is responsible for the accident, the jury will award you damages. If the defendant isn't responsible, the jury will deny your claim. Trial A personal injury claim encompasses a range of injuries that include wrongful death, emotional distress (libel and slander); and physical harm caused by accidents such as car crashes and falls. In addition, lawsuits can also be filed for physical injuries, such as suffering and pain, as well as loss of companionship. In the early stages of your case your lawyer will conduct a thorough investigation of your accident in order to fully comprehend what happened and the magnitude of your injuries. Then, he will negotiate with the insurance company of the at-fault company. Your attorney will keep in contact with you regarding any significant developments and negotiations throughout the process. After negotiations fail the lawyer will file an official complaint in court against defendant. A Complaint is the initial official document in a civil lawsuit. It identifies the parties, details the incident, argues for wrongdoing, and seeks compensation. The defendant must be personally served with the complaint, which means that it must be delivered physically to him or her. It typically takes a month. After service is completed the defendant has to “answer” the Complaint within a specified time frame, which is typically 30 days. The answer is whether the defendant admits to the allegations in the Complaint or refuses to acknowledge them. At this point, your lawyer may submit medical records, documents and other evidence to support your argument. The attorney representing the defendant will then reply to these documents and then the two sides will start further negotiations. If the parties are unable to reach an agreement, mediation or arbitration may be required before your case can go to trial. However, a substantial portion of personal injury cases are settled out of court. Once a settlement is reached, your lawyer has to pay any companies with lien on the settlement out of a separate account for escrow before he or she will write you an official check.