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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. The cases typically involve a person who is at the fault (defendant) and an injured party, referred to as the plaintiff. Your attorney will review all medical records, as well as other documentation, to determine the full extent and cost of your injuries and the damages. This will help them prepare and negotiate on your behalf with the insurance company. Damages If a plaintiff is successful in a personal injury lawsuit the courts award them money to cover their losses. The funds can be awarded in a lump sum or paid over time as part of a structured settlement. These funds are also known as compensatory damages. There are two types of compensatory damages: special and general. Special damages are costs which can be listed and are measurable for example, medical expenses and lost wages. General damages are more difficult to place a dollar value on, such as the suffering and pain, and the loss of enjoyment of life. Keep a journal to document how your injuries impacted your life. This will increase your chance of receiving the maximum amount of compensation for any non-economic losses. This includes the impact on your relationships, your pain levels on a daily basis, mental anguish and your ability to complete things you used to take for granted. In a majority of personal injury cases, more than one defendants are accountable. This is particularly true when a business or an individual is guilty of the most blatant negligence, fraud and criminal motives. The court may also give punitive damages to discourage others from committing the same manner. After a lawsuit has been filed and the defendants are served with a summons and complaint. They will then be required to submit a response, also known as an answer, within 30 days. Typically, defendants will deny the allegations in the complaint. After the answer is filed, the case is moved to an investigation known as discovery. Both parties will exchange information and evidence in this stage, including taking depositions. This stage accounts for the majority of the time in a personal injury lawsuit timeline. Statute of limitations If you make a claim for injury after the statute of limitations expires, it is possible that you'll lose the right to 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 before the timeframe. A statute of limitations is a law in a state that sets a time limit on how long you must bring a lawsuit for injury. In many states the statute of limitations runs at the time of the accident or incident that led to your injuries. The deadline to file a lawsuit for personal injury also varies depending on the individual you are seeking to sue. If you intend to sue an entity that is a part of the municipal government (such as city or county) the deadline will be much shorter. There are also certain situations which could change the statute of limitation in your case. If www.youtube.com were exposed to toxic substances or suffered from medical malpractice, for example the statute of limitations can begin when you discover or reasonably ought to have realized that your injuries are due to negligence. In some cases minors are exempt from the statute of limitation. If you file a claim for injury after the statute of limitations has expired the defendant will likely inform the court about this and ask that your case be dismissed. If this occurs, the court will dismiss your claim in a sweeping manner without a hearing. It is crucial to speak with an attorney for personal injuries as soon as possible to discuss your situation and determine if you can make an official claim. Complaint A complaint is a formal legal document that is filed by a party who claims a cause of action and seeks judicial relief. The complaint must also specify the type of relief the plaintiff seeks. The defendant is then obliged to respond within a certain time frame. A defendant will usually decline to respond. If the defendant fails to respond to the claim, a default judgement may be granted in favor of the petitioner. Personal injury claims are usually caused by bodily injury. Physical injuries can be extremely expensive, and your lawyer will work to ensure you get paid for any existing medical bills, as well as any anticipated future expenses. These include things like medication as well as home care and physical therapy. Additionally, you can claim compensation for any loss in quality of life that is caused by your injuries. This includes things such as the inability to walk, sleep or drive normally. This kind of damage is referred to as pain and suffering. If a complaint is filed, the court will convene a preliminary conference to plan the mandatory oral and physical examinations, as well as any document production. After the conference, your lawyer will prepare a Bill of Particulars. It will provide a full description of your injuries. It will include all your losses, including the costs of your present and future medical bills, lost earnings and property damage. Your lawyer will also detail the alleged emotional distress and disfigurement, the loss of enjoyment of life, and any other damages that are not monetary you're seeking. If your case is deemed to be a probable cause you will be scheduled for an open hearing. If the complaint is dismissed as a result of a determination that there is no probable cause or because the court doesn't have jurisdiction, you may appeal the decision. Summons The formal process of a lawsuit begins with a summons as well as a complaint. The plaintiff files a complaint with the court and sends the defendant a copy of the complaint via registered or certified mail within a specified time. The defendant must respond or risk a default judgment against them. Your New York City personal injuries attorney will prepare an Bill of Particulars that outlines the injuries and damages suffered by you in more depth. This may include photos of your injuries, medical expenses and lost wages. It also contains details about the accident and what the defendant is accountable for your harm. During the middle part of a lawsuit referred to as “discovery,” each party has the opportunity to ask questions and look over evidence that is held by the other party. Your attorney is crucial in this stage of negotiations because the representatives of the defendants want full information before making settlement offers. Your lawyer may also request to have you examined by the doctor of their choice in relation to the injuries and damages you're claiming. If you don't attend, the judge could dismiss your case or require that you pay the defendant for their examination costs. Once discovery and inspection are completed, attorneys on each side can file a document known as a “Notice of Issue” and a “Statement of Readyness for Trial.” This informs the court that your case is ready to go to trial. The judge will then schedule the trial. During the trial, the jury will determine if the defendant is responsible for the accident as well as the injuries you suffered. If the defendant is responsible, the jury may award you damages. If the defendant is not accountable and the jury decides to deny your claim. Trial A personal injury case involves a wide range of injuries which include wrongful deaths; emotional distress (libel and slander); and physical harm caused by accidents, such as car crashes and falls. A lawsuit could also be filed for physical injuries, such as discomfort and pain, as well as loss of companionship. In the initial stages of your case the lawyer will investigate the accident to determine what happened and the magnitude of your injuries. He or she will then engage with the insurance company of the party at fault. Your lawyer will stay in touch with you about any significant developments and negotiations throughout the entire process. After negotiations don't work the lawyer will file an official complaint in court against defendant. A Complaint, the first official document of civil lawsuits, names all parties, details the incident, and claims that there was wrongdoing. It also requests compensation. The complaint must be served personally, which means that it must be handed over physically to the defendant. It typically takes a month. Once service is complete the defendant has to “answer” the Complaint within a specified 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. At this point your lawyer will provide medical records, documents as well as other evidence to prove your argument. The lawyer representing the defendant will then respond to these documents, and then the two sides will start discussions. If the parties are unable to reach an agreement the mediation or arbitration process could be required prior to your case is put to trial. A significant portion of personal injury cases are settled outside of court. After a settlement has been reached, your lawyer must pay any companies with lien on the settlement through a specific account in escrow before he/ they can issue a check.