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How Personal Injury Lawsuits Work A personal injury lawsuit is a civil battle over monetary compensation for injuries and losses. In these situations the defendant is usually the one who is at fault. The plaintiff is typically the party who is injured. Your lawyer will go through your medical records and other documents to understand the full extent of your injuries, the costs and damages. This will allow them to prepare and negotiate on your behalf with the insurance company. Damages When a plaintiff wins in a personal injury lawsuit the judge awards the plaintiff a sum of money to cover damages. The funds can be awarded in one lump sum or spread over time 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 the ones that can be quantified that can be itemized for medical expenses and lost earnings. General damages, like discomfort and pain, and loss of enjoyment of living are more difficult to quantify. Keep a diary of how your injuries have affected the odds of obtaining maximum compensation for non-economic damages. This includes the effect on your relationships, pain levels throughout the day as well as mental anxiety and your ability to do things you used to take for granted. In a majority of personal injury cases, more than one defendants are accountable. This is especially true when a business or person is guilty of criminal intent, fraud, and gross negligence. The court can also award punitive damage to discourage others from doing the same thing. When a lawsuit is filed the defendants will be served with a summons and complaint. The defendants will be required to respond (also known as an answering) within 30 days. Usually, defendants will deny the allegations made in the complaint. After the answer has been filed, the case is moved to the phase of fact-finding, also known as discovery. This is the time when both parties will exchange relevant information and evidence, including taking depositions under oath. This stage takes up the majority of a personal injury timeline. Statute of limitations If you bring a lawsuit to recover for injuries after the statute of limitation expires, it is 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 certain if the incident occurred before the deadline. A statute of limitations is a state law which sets a time frame on the time you have to make an injury lawsuit. In most states, the statute of limitations runs at the time of the incident or accident that caused your injuries. The deadline for filing an injury lawsuit also depends on who you are seeking to sue. If you are suing an entity that is a part of the municipal government (such as city or county), the deadline will be much shorter. In addition, there are certain situations that could alter the statute of limitations in your particular case. If you have been exposed to toxic substances or were the victim of medical malpractice, for example the statute of limitations may begin when you discover or ought to have known that your injuries are the result of negligence. In some cases minors are exempt from the statute of limitations. If you file an injury claim after the statute of limitations has expired the defendant will most likely point this out to the court and request the case to be dismissed. In this case the court will dismiss your claim without hearing. It is crucial to speak with a personal injury lawyer as soon as possible to discuss your situation and determine if you are eligible to file a legal claim. Complaint A complaint is a formal legal document filed by a party who claims a cause of action and demands legal relief. The complaint must also specify the type of compensation that the plaintiff is seeking. The defendant is then obliged to respond within a specific timeframe. www.youtube.com will usually reject the claim. If the defendant fails to respond, a default judgment could be granted to the petitioner's behalf. Most personal injury claims are based on actual bodily harm. Physical injuries can be extremely expensive, and your lawyer will ensure that you get paid for any existing medical bills as well as any anticipated future expenses. These include things like medication, home care and physical therapy. You can also claim for any loss of quality of life that is caused by your injuries. This includes things like being unable to walk, sleep or drive normally. This type of damages is referred to as suffering and pain. The court will schedule an initial conference once the complaint is filed to schedule any mandatory oral or physical examinations as well as the production of any documents. Your lawyer will then prepare the Bill of Particulars. It will provide a full description of your injuries. It will include all of your losses which include the cost of your present and future medical bills, lost earnings and property damage. Your lawyer will also detail the alleged emotional distress, disfigurement, loss of enjoyment of life and any other damages that you're seeking. If the case is deemed to be a probable cause your case will be scheduled for a public hearing. If your complaint is rejected because of a determination of no probable cause or because the court does not have jurisdiction, you can appeal the decision. Summons The formal process of a lawsuit begins with a summons as well as a complaint. The plaintiff files the complaint with an appropriate court and then sends a copy of the document to the defendant by registered or certified mail within a specific time frame. The defendant must respond, or else risk a default judgement against them. Your New York City personal injuries attorney will file an Bill of Particulars that outlines the damages and injuries suffered by you in greater specific detail. It could include photos of your injuries, medical bills, and lost wages. It also contains details about the accident and what 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 look over evidence provided by the opposing party. The defendant's representatives will want to have complete information before making settlement offers, so your attorney will play an important role in negotiations during this phase. Your lawyer can also ask to have you examined by a doctor of their choosing regarding the injuries and damages you're seeking. If you fail to attend, the court could dismiss your case. Also, the court may order you to pay for the defendant's exam costs. Once discovery and inspection are completed, attorneys on both sides may 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 set the date for the trial. During the trial the jury will decide if the defendant is responsible for the accident and the injuries you suffered. If the defendant is liable for the accident, the jury will award you damages. If the defendant is not accountable, the jury will deny your claim. Trial Personal injury lawsuits can cover a wide variety of injuries, including wrongful death, emotional distress (libel or slander), and physical harm from accidents, such as car crashes and falls. In addition, lawsuits can also be filed over non-physical injuries such as pain and suffering and loss of companionship. In the beginning of your case your lawyer will conduct a thorough investigation of your accident in order to fully comprehend 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 fault. Your attorney will stay in contact with you regarding any significant developments and discussions throughout the process. After negotiations are unsuccessful, your lawyer will file a formal complaint in the court against defendant. A complaint, the first official document of a civil suit, identifies all parties, outlines the incident and alleges wrongdoing. It also requests compensation. The defendant must be personally served with the complaint, which means it must be physically delivered to him or her. It usually takes about a month. After service, the defendant will have 30 days to “answer” the Complaint. The answer explains whether the defendant acknowledges the allegations made in the Complaint or denies them. During this phase your lawyer will be able to submit medical records, documents and other evidence to support of your case. The lawyer representing the defendant will submit an answer to these documents and the two parties will engage in further negotiations. If the parties are not able to reach an agreement, mediation or arbitration may be required prior to your case goes to trial. A significant number of personal injury cases are settled outside of court. Your lawyer must first pay any company with liens on your monetary award through a specialized money escrow before distributing an actual check.