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How Personal Injury Lawsuits Work Personal injury lawsuits are civil disputes over the compensation for losses or injuries. In these cases, the defendant is usually the person responsible for the incident. The plaintiff is usually the victim. 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 on your behalf with the insurance company. Damages When a plaintiff wins in a personal injury claim, the judge awards them money to pay for damages. These funds can be awarded in a lump sum or spread over time as part of a structured settlement. These funds are referred to as compensatory damages. There are two types: general and special. Special damages are those which can be listed and are measurable, such as medical expenses and lost wages. General damages are difficult to place a dollar value on, like suffering and suffering, as well as loss of enjoyment of life. Keep a journal to document how your injuries affected you. This increases your chances of receiving the maximum amount of compensation for noneconomic damages. These include the effects on your relationships, your daily pain levels and bouts of mental stress and how injuries affect your ability to take part in activities you once took for taken for granted. In many personal injury lawsuits there are many defendants. This is especially true when a business or person commits criminal intent, fraud, and gross negligence. The court can also award punitive damage to deter other people from engaging in the same manner. Once a lawsuit is filed the defendants will be served with a summons and complaint. They will then be required to submit a response, also known as an answer, within 30 days. Typically, click here will not deny the allegations contained in the complaint. After the answer has been filed, the case moves to a stage of fact-finding known as discovery. This is the time when both parties will exchange relevant information and evidence, as well as depositions under an oath. This is the stage that accounts for the majority of time in a personal injury lawsuit timeline. Statute of limitations If you make a claim for injury after the statute of limitation expires, it is possible that you will lose your right to receive damages. That's why it is important to consult a personal injury lawyer about your case early even if you're not sure if the incident occurred within the timeframe. A statute of limitations is a law of the state that sets a time limit on the amount of time you have to make an injury lawsuit. In the majority of states, a statute of limitations begins the date on which the accident or incident caused your injuries. The deadline for filing a lawsuit for personal injuries is dependent on the person you're seeking to sue. If you intend to sue an entity that is a part of the municipal government (such as a county or city) the deadline will be shorter. Additionally, there are certain situations that could alter the statute of limitations in your particular case. For instance, if were exposed to toxic substances or suffered medical malpractice the time limit may begin when you realize, or reasonably should have realized, that your injuries were caused by negligence. In certain cases the statute of limitations can be extended for minors. If you file an injury claim after the statute of limitations has expired the defendant will most likely point this out to the court and request the case to be dismissed. In this instance the court will decide to dismiss your claim without hearing. It is important to consult an attorney who specializes in personal injury immediately to discuss your case and determine if you can make a legal claim. Complaint A complaint is a legal formal document filed by a person who alleges an action and demands the judicial remedy. The complaint should also define the type of relief the plaintiff seeks. The defendant is then obliged to respond within a specific time frame. In general the case, a defendant will not respond to the claim. If the defendant does not respond, default judgment can be made in favor of the petitioner. Most personal injury claims involve actual bodily injury. Your attorney will make sure that you get paid for your current medical bills as well as any future expenses. These expenses include medications as well as home care and physical therapy. Additionally, you can claim for any loss of quality of life that is caused by your injuries. This includes the inability to walk, drive or sleep normally. This kind of damage is referred to as suffering and pain. The court will schedule the preliminary conference after the complaint is filed to schedule any mandatory physical or oral examinations, as well as the production of any documents. Following the conference your lawyer will draft the Bill of Particulars. It is a thorough description of your injuries. It will include all your losses, including the costs of your current and future medical bills, lost earnings 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 have 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 does not 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 an appropriate court and then sends a copy of the document to the defendant through certified or registered mail within a specified timeframe. The defendant must respond or risk default judgment against them. Your New York City personal injury attorney will submit a Bill of Particulars, which details the injuries and damages you've suffered in greater detail. This may include photos of your injuries, medical bills and lost wages. The document will also contain information about the incident and how you believe the defendant is accountable for the harm. During the middle part of a lawsuit called “discovery,” each party has the opportunity to ask questions and examine evidence held by the other party. Your lawyer will be crucial during this stage of negotiations as the representatives of the defendants want complete information before they make settlement offers. Your lawyer can also ask that you be examined by any doctor they choose in relation to the injuries and damages you're claiming. If you don't attend, the court could dismiss your case. Or order that you pay for the defendant's examination costs. After the discovery and inspection process is completed, the lawyers 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 prepared to go to trial. The judge will then set an appointment date for the trial. During the trial, a jury will decide whether the defendant is at fault for the accident and your injuries. If the defendant is accountable, the jury will award you damages. If the defendant isn't liable, the jury will reject your claim. Trial Personal injury claims can cover a wide range of injuries, including emotional distress, wrongful deaths (libel or slander), and physical harm caused by accidents such as car crashes and falls. In addition, lawsuits can also be filed for non-physical injuries like the suffering of others and loss of companionship. Your lawyer will conduct an investigation on the accident during the initial stages of the case to determine the exact cause and the extent of your injuries. The lawyer will then engage with the insurance company of the party who is at the fault. Your attorney will keep in touch with you about any significant developments and negotiations throughout the entire process. After negotiations don't work and your lawyer is unable to resolve the issue, he will file a formal complaint in a court against the defendant. A Complaint is the initial official document in a civil lawsuit. It identifies the parties, details the incident, alleges wrongdoing and demands compensation. The defendant must be personally served with the complaint, which means it must be delivered physically to him or her. It usually takes about one month. After service is completed, the defendant must “answer” the Complaint within a specified time, which is usually 30 days. The answer is whether the defendant acknowledges the allegations made in the Complaint or denies them. In this stage your lawyer will be able to submit documents, medical records, and other evidence in support of your case. The lawyer for the defendant will provide an answer to these documents and the two sides will continue to negotiate. 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 significant percentage of personal injury cases are settled out of court. Your lawyer must first pay any company with liens on your monetary award from a specific escrow fund before issuing you an actual check.