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How Personal Injury Lawsuits Work A personal injury lawsuit is a civil battle over monetary compensation for injuries and losses. These cases often involve a person at the fault (defendant) and an injured party, referred to as the plaintiff. Your lawyer will review all medical records along with other documentation, in order to determine the full extent and cost of your injuries and the damages. This will enable them to prepare and negotiate on your behalf with the insurance company. Damages When a plaintiff wins a personal injury lawsuit, the courts award them funds to cover their losses. These funds can be awarded in one lump sum or spread over time as part of a structured settlement. These funds are known as compensatory damages. There are two types: special and general. Special damages are costs which can be listed and are measurable like medical expenses and lost wages. General damages are more difficult to quantify a dollar amount on, like suffering and suffering, as well as loss of enjoyment. Keeping a journal detailing how your injuries have affected you can help improve your chances of obtaining the maximum amount of compensation for non-economic damages. This includes the impact on your relationships, your daily pain levels, and episodes of mental anguish, and how injuries affect your ability to engage in the activities you used to take for granted. In many personal injury cases, more than one defendants are accountable. This is the most frequent scenario when a business or person commits fraud, criminal intent or gross negligence. The court may also award punitive damage to discourage others from doing the same thing. After a lawsuit has been filed the defendants will be served with a summons and complaint. They will then be required to submit a response or answer, within 30 days. Typically, defendants deny the allegations in the complaint. After the answer is filed, the case enters a stage of fact-finding known as discovery. Both parties will exchange information and evidence during this stage and may even conduct depositions. This is where you will find the majority of the time in the timeline of personal injury lawsuits. Statute of limitations If you bring a lawsuit to recover for injuries after the statute of limitations expires, it is likely that you'll lose your right to receive damages. It is crucial to speak with a personal injury attorney as soon as you can, even if you're not sure whether the accident occurred within the time frame. A statute of limitations is a law of the state that sets a time limit on how long you can make an injury lawsuit. In most states, a statute of limitations begins the date of the incident or incident caused your injuries. The deadline for filing an injury lawsuit also depends on the party you are seeking to sue. If you intend to sue an entity that is a part of the municipal government (such as the 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 limitation 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 limitations. If you make a claim for injury after the statute of limitations has expired, your defendant will likely inform the court of this and ask that your lawsuit be dismissed. If this occurs, the court will summarily dismiss your claim without a hearing. This is why it's 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 formal legal document that is filed by a party that alleges a cause for action and seeks the judicial remedy. The complaint should also specify the kind of compensation that the plaintiff is seeking. The defendant is then required to respond within a specified timeframe. The defendant is usually able to reject the claim. If the defendant fails to respond to the claim, a default judgment could be granted in favor of the petitioner. In the majority of cases, personal injury claims are based on actual bodily injury. Your attorney will ensure that you receive compensation for medical bills currently incurred and any future costs. These include things like medication, home care and physical therapy. You can also claim compensation for any loss in quality of life that is caused by your injuries. This includes the inability to sleep, drive or walk normally. This type of damage is known as pain and suffering. The court will schedule the preliminary conference after the complaint has been filed. The court will schedule any mandatory oral or physical examinations, and also the production of any documents. After the conference your lawyer will draft the Bill of Particulars. This is a detailed description of your injuries. It will include your losses including your current and future medical costs as well as lost wages and property damage. Your lawyer will also describe the grievous emotional distress or disfigurement, loss of enjoyment of life, and any other non-monetary damages you seek. If your case is determined to be a probable cause, you will be scheduled for an open hearing. If your complaint is rejected due to a determination of no probable cause or because the court lacks jurisdiction, you can appeal the decision. Summons The formal lawsuit process begins with a summons and complaint. The plaintiff submits the complaint to the court and then sends a copy of the document to the defendant by certified or registered mail within a specified timeframe. The defendant must respond, or they risk 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 could include photos of your injuries, medical expenses and lost wages. The document also includes information about the accident and how you believe the defendant is responsible for the injury. In the middle of a lawsuit, called “discovery” the parties is able to ask questions and review evidence presented by the opposing party. The defendant's representatives will need to have all the facts before making settlement offers, so your attorney will play an important role in negotiations during this stage. Your lawyer may also request that you are examined by a doctor they choose in connection with the injuries or damages you're seeking. If you don't show up, the court may dismiss your case. Also, the court may order you to pay for the defendant's examination costs. Once discovery and inspection are completed, lawyers on both sides can file something called the “Notice of Issue” and a “Statement of Readiness for Trial.” This informs the court that your case is now ready to go to trial. The judge will then determine the trial date. During the trial, the jury will decide if the defendant is accountable for the accident and the injuries you suffered. If the defendant is responsible and the jury awards you damages. If You Tube isn't accountable then the jury will dismiss your claim. Trial Personal injury claims can cover a broad variety of injuries, including emotional distress, wrongful deaths (libel or slander) as well as physical injuries from accidents, such as car crashes and falls. Additionally, lawsuits can also be filed over physical injuries, such as suffering and pain, as well as loss of companionship. Your lawyer will conduct an investigation on your accident in the initial stages of the case to determine the precise nature and severity of your injuries. Then, he or she will negotiate with the insurance company. Your lawyer will stay in touch with you about any significant developments and negotiations throughout the entire process. If negotiations fail the lawyer will file an official complaint in a court against the defendant. A Complaint is the initial official document in a civil lawsuit that identifies the parties, details the incident, claims that there was wrongdoing, and seeks compensation. The defendant must be personally served with the complaint, which means it must be delivered physically to the defendant. This typically takes about a month. After service is completed and the defendant is required to “answer” the Complaint within a set date, which is usually 30 days. The answer explains whether the defendant admits to the allegations made in the Complaint or denies them. During this stage, your lawyer may submit medical records, documents as well as other evidence to prove your case. The attorney representing the defendant will respond to these documents, and then the two sides will begin discussions. If the parties are unable to reach a settlement the mediation or arbitration process could be required before your case is put to trial. A significant portion of personal injury cases are settled outside of court. Your lawyer must first pay any businesses that have liens on your award through a specialized escrow fund before issuing you an actual check.