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How Personal Injury Lawsuits Work A personal injury lawsuit is a civil dispute over the amount of compensation for injuries and losses. In these cases the defendant is typically the person who is at fault. The plaintiff is typically the injured party. Your attorney will examine your medical records and other documentation to understand the full extent of your injuries, expenses and damages. This will help them prepare and negotiate with the insurance company on behalf of you. Damages If a plaintiff prevails 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 paid over time as part of a structured settlement. These funds are known as compensatory damages. There are two types of compensatory damages: special and general. Special damages are the ones that can be quantified that can be listed, such as medical bills and lost earnings. General damages are difficult to place a dollar value on, such as suffering and suffering, as well as loss of enjoyment. Keep a journal to document how your injuries affected your life. This will increase your chances of receiving the maximum amount of compensation for any non-economic losses. This includes the effect on your relationships, pain levels throughout the day, mental anguish and your ability to do activities you used to take for granted. In a lot of personal injury cases, multiple defendants are responsible. This is especially true when a business or individual commits fraud, criminal intent, and gross negligence. The court can also award punitive damages to deter other people from acting in the same way. When a lawsuit is filed and the defendants are served with a summons and complaint. The defendants must provide a response (also called an answer) within 30 days. Typically, defendants will not deny the allegations contained in the complaint. After the answer is filed, the case moves to a stage of fact-finding known as discovery. This is where both parties will share relevant information and evidence, including taking depositions under oath. 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 limitations expires, it's likely that you will lose your right to receive damages. This is why it's important to talk to an attorney who specializes in personal injury to discuss your case early on even if not certain if the incident occurred within the timeframe. A statute of limitation is a law of the state that establishes a deadline for filing a lawsuit. In most states, a statute of limitations begins on the date on which the accident or incident caused your injuries. The deadline for filing a lawsuit for personal injury also depends on the person you are seeking to sue. For instance, if are seeking to sue a municipal government entity (such as a city or county), the deadline is significantly shorter. There are certain circumstances that could alter the statute of limitations in your particular case. For instance, if were exposed to harmful substances or suffered medical malpractice the statute of limitations may start when you realize, or reasonably should have discovered, that your injuries were caused by negligence. In certain instances the statute of limitations may be tolled for minors. If you make an injury claim after the statute of limitation has expired the defendant will likely inform the court about this and ask that your lawsuit be dismissed. In this case, the court will dismiss your claim without a hearing. It is crucial to speak with an attorney for personal injuries immediately to discuss your situation and determine if you have a legal claim. Complaint A complaint is a formal legal document filed by a person who asserts an actionable cause, and a demand for legal relief. The complaint should also indicate the kind of compensation that the plaintiff is seeking. The defendant is then obliged to respond within a specific time frame. The defendant is usually able to reject the claim. If the defendant fails to respond, a default judgment could be entered in the petitioner's favor. Personal injury claims are generally based on actual bodily harm. Physical injuries can be very costly, and your attorney will ensure that you are compensated for any existing medical bills as well as any future costs that are anticipated. This includes things like medications or home care, as well as physical therapy. Additionally, you can claim compensation for any loss in quality of life that is caused by your injuries. This includes things like being unable to walk, sleep or drive normally. YouTube of damage is known as suffering and pain. If a complaint is filed when a complaint is filed, the court will convene a preliminary conference to plan mandatory physical and oral examinations, as well as any document production. After the conference, your lawyer will prepare an Bill of Particulars. This is a detailed description of your injuries. It will include all your losses including the cost of your present and future medical bills, lost earnings, and property damage. Your lawyer will also describe the possible emotional distress or disfigurement, loss of enjoyment of life, and any other damages that are not monetary you are seeking. If your case is found to be a probable cause you will be scheduled for an open hearing. If the complaint is dismissed because of a decision that there is no probable cause, or because the court doesn't have jurisdiction, you can appeal the decision. Summons The formal lawsuit begins with a summons. The plaintiff files the complaint with a court and sends a copy of the document to the defendant through certified or registered mail within a specific timeframe. The defendant must respond, or else risk default judgment against them. Your New York City personal injury attorney will submit a Bill of Particulars, which sets out the damages and injuries you've suffered more fully. It may include photographs of your injuries, medical bills, and lost wages. It may also include details of the accident and what the defendant is accountable for the harm you suffered. During the middle phase of a lawsuit, called “discovery” the parties has the opportunity to ask questions and look over evidence provided by the opposing party. Your lawyer will be crucial in this stage of negotiations because the defendant's representatives want complete information prior to making settlement offers. Your lawyer may also request that you undergo an examination by any doctor they choose in regard to the damages and injuries you're claiming. If you fail to take part, the judge may dismiss your case or order that you pay the defendant for the costs of their examination. After discovery and inspection have been completed, attorneys on both sides can submit a document referred to as a “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 schedule a trial. During the trial, the jury will determine if the defendant is accountable for the accident and the injuries you suffered. If the defendant is at fault and the jury awards you damages. If the defendant isn't responsible then the jury will dismiss your claim. Trial A personal injury lawsuit can result in a variety of injuries, including wrongful death; 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 regarding your accident in the early stages of the case to determine the exact cause and the extent of your injuries. He or she will then engage with the insurance company of the party at the fault. Your lawyer will keep you up to date on any negotiations and significant developments throughout this process. After negotiations fail the lawyer will file a formal complaint in court against defendant. A Complaint is the initial official document in a civil suit that names the parties, explains the incident, claims that there was wrongdoing, and requests compensation. The defendant must be personally served with the complaint, which is to say it must be delivered physically to him or her. This typically takes about a month. After service is completed, the defendant must “answer” the Complaint within a set time frame, which is typically 30 days. The answer will tell you if the defendant denies or acknowledges the allegations in the Complaint. At this point your lawyer could submit documents, medical records and other evidence to support your case. The defendant's attorney will respond to these documents, and then the two sides will begin further negotiations. If the parties cannot reach an agreement, mediation or arbitration could be required prior to the trial can be held. However, a large percentage of personal injury cases are settled out of court. Your lawyer must first pay any businesses with liens on your monetary award from a special account before distributing a check.