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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 typically the one at fault. The plaintiff is usually the injured party. Your lawyer will go through your medical records and other documentation to determine the extent of your injuries, costs and damages. This will assist them in preparing and negotiate with the insurance company on behalf of you. Damages When a plaintiff wins a personal injury case, the courts award them funds to pay for their damages. click this link 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 kinds of compensatory damages: special and general. Special damages are those that can be quantified that can be itemized like medical bills and lost earnings. General damages are harder to place a dollar value on, such as suffering and suffering, as well as loss of enjoyment of life. Keep a journal to document how your injuries impacted you. This will increase your chance of receiving maximum compensation for noneconomic damages. This includes the impact on your relationships, your daily pain levels and bouts of mental anguish and how injuries affect your ability to take part in activities that you used to take for taken for granted. In many personal injury lawsuits, there are multiple defendants. This is especially common when a business or an individual acts with the most blatant negligence, fraud and criminal motives. The court can also award punitive damage to discourage others from engaging in the same manner. After a lawsuit has been filed and the defendants are served with a summons and complaint. The defendants will be required to 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 is filed, the case is moved to a stage of fact-finding known as discovery. This is the time when the parties exchange pertinent information and evidence, which includes depositions under oath. This stage accounts for the majority of the time in the timeline of personal injury lawsuits. Statute of limitations If you file a lawsuit for injury after the statute of limitations has expired the statute of limitations will expire and you'll likely lose your right to recover damages. It is essential to speak with an attorney for personal injuries whenever you can, even if you're not sure whether the accident occurred within the deadline. A statute of limitations is a law of the state which sets a time frame on how long you have to file an injury lawsuit. In many states the statute of limitations starts with the date of the accident or incident that caused your injuries. The deadline for filing a lawsuit for personal injury also varies depending on the person you are suing. If you want to sue an entity of municipal government (such as city or county) the deadline is shorter. Additionally, there are certain situations that could alter the statute of limitations in your situation. If you were exposed to toxic substances or were the victim of medical malpractice, for instance the statute of limitations may begin when you discover or reasonably should have known that your injuries are due to negligence. In some cases, the statute of limitations can be tolled for minors. If you submit a claim for injury after the statute of limitations has expired Your defendant is likely to inform the court of this and request to dismiss your claim. In this instance the court will decide to dismiss your claim without hearing. That's why it is important to consult an experienced personal injury lawyer early on to discuss your case and determine whether you have a legitimate legal claim. Complaint A complaint is a legal formal document filed by a plaintiff which alleges a cause of action, and a demand for legal relief. The complaint should also state the type of compensation that the plaintiff seeks. The defendant is then obliged to respond within a specified time frame. In general the event of a denial, the defendant will deny the claim. If the defendant does not respond, default judgment can be granted to the petitioner's behalf. Personal injury claims are usually founded on bodily injury. Physical injuries can be extremely costly, and your attorney will ensure that you are compensated for any existing medical bills and any future costs that are anticipated. These expenses include medication, home care, and physical therapy. In addition, you can claim for any loss of quality of life resulting from your injuries. This includes things such as the inability to walk, drive, or sleep normally. This kind of injury is called suffering and pain. The court will set up the preliminary conference after the complaint has been filed to schedule any mandatory oral or physical examinations as well as the production of any documents. Your lawyer will prepare a Bill of Particulars. This is a detailed description of your injuries. It will include all your losses including the cost of your current and anticipated future medical bills, lost earnings, and property damage. Your lawyer will describe any emotional distress, disfigurement or loss of enjoyment in your life as well as any other non-monetary damages that you are seeking. If your case is determined to be a probable cause you will be scheduled for an open hearing. If your complaint is dismissed because of a determination of no probable cause or because the court does not have authority, you can appeal the decision. Summons The formal lawsuit starts with a summons. The plaintiff file a complaint with the court and sends the defendant a copy by certified or registered post within a specific time. The defendant must respond, or else risk a default judgement against them. Your New York City personal injury attorney will submit a Bill of Particulars, which describes the damages and injuries you've sustained more fully. This may include photos of your injuries, medical expenses and lost wages. The document also includes information regarding the accident and why you think the defendant is accountable for the damage. During the middle phase of a lawsuit, called “discovery” the parties is able to ask questions and examine evidence held by the other party. Your attorney will be important during this stage of negotiations because the defendant's representatives want complete information before they make settlement offers. Your lawyer can also request that you undergo an examination by a doctor of their choosing in regard to the damages and injuries you're claiming. If you do not attend, the court could dismiss your case. Also, the court may order you to pay for the defendant's examination costs. After the discovery and inspection, attorneys from both sides can file a document called “Notice of Issue & Statement of Ready for Trial” to inform the court that their case is ready to go to trial. The judge will then set the trial date. 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 to blame and the jury awards you damages. If the defendant isn't at fault then the jury will deny your claim. Trial A personal injury case involves a wide range of injuries, including wrongful death; emotional distress (libel and slander) as well as physical injuries caused by accidents, such as car crashes and falls. A lawsuit may also be filed for injuries that are not physical, such as pain and discomfort and loss of companionship. Your lawyer will conduct an investigation on your accident in the early stages of the investigation to determine the exact nature and severity of your injuries. Then, he will work with the at-fault party's insurance company. Your lawyer will stay in contact with you regarding any significant developments and negotiations throughout the entire process. If negotiations fail the lawyer will file a formal complaint in the court against defendant. A Complaint, which is the first official document in civil lawsuits, names all parties, outlines the incident and alleges wrongdoing. It also demands compensation. The complaint must be served personally which means it must be delivered physically to the defendant. This usually takes around a month. After service is completed the defendant has to “answer” the Complaint within a set time, which is usually 30 days. The answer will tell you if the defendant denies or acknowledges the allegations made in the Complaint. At this point your lawyer could submit documents, medical records and other evidence to support your case. The attorney representing the defendant will respond to these documents, and then the two sides will begin discussions. If the parties are not able to come to an agreement, mediation or arbitration may be required prior to your case can go to trial. However, a large percentage of personal injury cases are settled out of court. When a settlement is reached, your lawyer must pay any companies with liens on the monetary settlement through a specific account for escrow before he or she will write you a check.