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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. These lawsuits typically involve a person at fault (defendant) and an injured party, referred to as the plaintiff. Your lawyer will go through your medical records and other documentation to understand the full extent of your injuries, the costs and damages. This will help them prepare and negotiate with the insurance company for you. Damages When a plaintiff wins in a personal injury claim, the judge will award the plaintiff a sum of money to cover damages. The funds can be awarded in a lump sum or distributed 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 those that can be categorized and are measurable for example, medical expenses and lost wages. General damages are difficult to put a dollar amount on, such as the suffering and pain, and the loss of enjoyment. Keep a journal to document how your injuries impacted your life. This will increase your chance of receiving the most compensation for noneconomic damages. This includes the effect on your relationships, your pain levels on a daily basis as well as mental anxiety and your ability to perform activities you used to take for granted. In many personal injury lawsuits, there are multiple defendants. This is most common when a business or an individual is guilty of the most blatant negligence, fraud and criminal intent. The court may also give punitive damages to discourage others from acting in a similar manner. Once a lawsuit is filed and the defendants are served with a summons and complaint. They must file a response, also known as an answer, within 30 days. Usually, defendants deny the allegations in the complaint. After the answer is filed, the case will enter an investigation stage, known as discovery. This is when both parties will exchange relevant information and evidence, as well as taking depositions under oath. This is 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 possible that you will lose your right to receive damages. It is essential to speak with an attorney in personal injury whenever you can even if you're not certain if the incident occurred before the timeframe. A statute of limitation is a law in a state that sets a deadline for filing a lawsuit. In the majority of states the statute of limitations begins on the date of the incident or accident that caused your injuries. The time limit for filing an injury lawsuit is dependent on the person you are seeking to sue. If you intend to sue an entity of municipal government (such as city or county), the deadline is shorter. In addition, there are certain situations which could change the statute of limitations in your case. For instance, if you were exposed to harmful substances or a victim of medical negligence the statute of limitations could begin when you discover or should have realized, that your injuries were caused by negligence. In certain cases minors are not subject to the statute of limitation. If hop over to these guys file a personal injury claim after the time limit has expired, the defendant will most likely inform the court and ask for the dismissal of your lawsuit. If this occurs, the court will summarily dismiss your claim without a hearing. It is crucial to speak with a personal injury lawyer immediately to discuss your situation and determine if you can make an official claim. Complaint A complaint is a legal document filed by a plaintiff which alleges a cause of action and demands the judicial remedy. The complaint should also indicate the kind of compensation that the plaintiff is seeking. The defendant is then required to respond within a set timeframe. The defendant is usually able to reject the claim. If the defendant does not respond to the claim, a default judgement may be entered in favor of the petitioner. Most personal injury claims are based on actual bodily harm. Physical injuries can be extremely expensive, and your attorney will work to ensure that you get paid for any existing medical bills and any anticipated future expenses. These include things like medication as well as home care and physical therapy. You may also be able to claim any loss in your quality of life caused by your injury. This includes the inability to walk, drive or sleep normally. This kind of injury is referred to as suffering and pain. The court will schedule the preliminary conference after the complaint is filed. This will be used to schedule any required oral or physical examinations, as well as the production of any documents. Your lawyer will then prepare a Bill of Particulars. This is a detailed description of your injuries. It will include all the losses you have suffered, including the costs of your present and future medical expenses, lost earnings and property damage. Your lawyer will also outline the possible emotional distress, disfigurement, loss of enjoyment of life, and any other non-monetary damages you seek. If the case is determined to have probable cause your case will be scheduled for public hearing. If the complaint is dismissed as a result of a ruling that there is no probable cause or because the court doesn't have jurisdiction, you are able to appeal the decision. Summons The formal lawsuit begins with the issue of a summons. The plaintiff file 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 a default judgement 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. This could include photos of your injuries, medical expenses and lost wages. It may also include details of the accident and how the defendant is accountable for your harm. In the middle of a lawsuit called “discovery,” each party gets to ask questions and examine the evidence of the other party. The representatives of the defendant will want to have complete information before making settlement offers, so your attorney will play an important role in negotiations during this time. Your lawyer may also request that you undergo an examination by a doctor of their choosing in regard to the injuries and damages you're claiming. If you do not take part, the judge may dismiss your case, or demand that you pay the defendant for the cost of their examination. After discovery and inspection, attorneys from both sides may file a document called “Notice of Issue & Statement of Ready for Trial” to inform the court that their case is ready for trial. The judge will then set an appointment date for the trial. During the trial the jury will decide whether the defendant is at fault for the accident and your injuries. If the defendant is at fault, the jury may award you damages. If the defendant is not accountable then the jury will deny your claim. Trial A personal injury case encompasses a range of injuries which include wrongful deaths; emotional distress (libel and slander) and physical injury caused by accidents such as car crashes and falls. In addition, lawsuits may also be filed for physical injuries, such as pain and suffering and loss of companionship. In the beginning of your case the lawyer will investigate the accident to determine the cause of the incident and the extent of your losses. He or she will then negotiate with the insurance company of the party who is at the fault. Your lawyer will stay in contact with you regarding any significant developments and discussions throughout the process. If negotiations don't work, your lawyer will file an official complaint in a court against the defendant. A Complaint, which is the first official document in civil lawsuits, names all parties, describes the incident, and claims that there was wrongdoing. It also seeks compensation. The complaint must be personally served which means it must be physically handed to the defendant. It typically takes approximately a month. After service, the defendant will have 30 days to “answer” the Complaint. The answer will reveal whether the defendant denies or admits the allegations in the Complaint. In this stage, your lawyer can submit documents, medical records, and other evidence in support of your case. The lawyer representing the defendant will then reply to these documents and the two sides will start further negotiations. If the parties can't reach an agreement, mediation or arbitration could be required prior to the trial can be held. However, a substantial portion of personal injury cases settle outside of court. Your lawyer must first pay any company that have liens on your award from a special account before distributing a check.