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How Personal Injury Lawsuits Work A personal injury lawsuit is a civil battle regarding compensation for financial losses and losses. In these instances, the defendant is usually the one who is at fault. The plaintiff is typically the victim. Your attorney will review all of your medical records, as well as other documentation, to determine the totality and cost of your injuries and the damages. This will allow them to prepare and negotiate with the insurance company for you. Damages When a plaintiff wins in a personal injury lawsuit, the judge awards the plaintiff money to pay damages. The money can be awarded as a lump sum or spread out over a period of time or as part of the settlement is structured. These funds are known as compensatory damages. There are two types of compensatory damages: general and special. Special damages are expenses that can be itemized and are measurable like medical expenses and lost wages. General damages are harder to place a dollar value on, like suffering and suffering, as well as loss of enjoyment of life. Keep a diary of the way your injuries have affected you your chances of obtaining the maximum amount of compensation for non-economic damages. click the next web page include the effects on your relationships, daily pain levels and bouts of mental stress, and how injuries affect your ability to take part in the activities you used to take for taken for granted. In many personal injury lawsuits there are multiple defendants. This is particularly true when a business or an individual is guilty of reckless negligence, fraud, and criminal intent. The court may also award punitive damages to deter others from committing the same manner. The defendants are served with a summons with an accusation once the lawsuit has been filed. The defendants must provide a response (also called an answering) within 30 days. Usually, the defendants will deny the allegations made in the complaint. After the answer has been filed, the case enters a stage of fact-finding known as discovery. The parties will exchange information and evidence during this stage, including taking depositions. This is the majority of the personal injury timeline. Statute of limitations If you file an injury lawsuit after the statute of limitations runs out you could lose the right to collect damages. That's why it is important to speak with an attorney for personal injury about your case as early as possible even if not sure if the incident occurred within the timeframe. A statute of limitations is a law in a state that provides a time frame for filing lawsuits. In many states the statute of limitations begins at the time of the accident or incident that led to your injuries. The deadline for filing a personal injury lawsuit also depends on the person you are suing. If you want 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 other situations that may change the statute of limitations in your particular case. If you were exposed to toxic substances or were the victim of medical malpractice, for example, the statute of limitation can begin when you discover or reasonably ought to have realized that your injuries are the result of negligence. In certain cases the statute of limitations can be extended for minors. If you file an injury claim after the time limit has expired the defendant will likely point this out to the court and ask for the case to be dismissed. If this occurs, the court will summarily dismiss your claim without hearing. It is important to consult an attorney who specializes in personal injury as soon as you can to discuss your case and determine if you can make an official claim. Complaint A complaint is a legal document filed by a plaintiff which declares a cause of action, and a demand for legal relief. The complaint should also define the type of compensation that the plaintiff is seeking. The defendant is then required to respond within a specific time frame. The defendant is usually able to reject the claim. If the defendant fails to respond, a default judgment may be granted to the petitioner's behalf. Personal injury claims are typically based on actual bodily harm. Physical injuries can be expensive, and your lawyer will work to ensure that you are compensated for any existing medical bills and any future costs that are anticipated. These costs include medical expenses or home care as well as physical therapy. You can also claim any loss in your quality of life that is caused by your injury. This includes things such as the inability to drive, sleep or walk normally. This kind of damage is known as suffering and pain. When a complaint is filed, the court will hold a preliminary meeting to schedule obligatory oral and physical examinations as well as any document production. Following the conference your lawyer will draft a Bill of Particulars. This is a detailed account of your injuries. This will include your losses including future and present medical expenses as well as lost wages and property damage. Your lawyer will detail any emotional distress, disfigurement or loss of enjoyment as well as any other damages that are not monetary that you seek. If your case is found to have probable cause, you will be scheduled for an open hearing. If the complaint is dismissed as a result of a ruling 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 submits the complaint to the court and then sends a copy of the document to the defendant via registered or certified mail within a specified timeframe. The defendant must respond or risk a default judgment against them. Your New York City personal injury attorney will prepare a Bill of Particulars, which sets out the damages and injuries you've suffered in greater detail. This may include photos of your injuries, medical bills and lost wages. It also contains details about the accident and how the defendant is accountable for your harm. In the middle of a lawsuit called “discovery,” each party has the opportunity to ask questions and look over the evidence of the other party. Your lawyer will be crucial in this phase of negotiations because the representatives of the defendants want full information before making settlement offers. Your lawyer can also request to have you examined by a doctor they choose for the damages or injuries you're seeking. If you do not attend, the judge could dismiss your case, or demand that you pay the defendant for the cost of their examination. After discovery and inspection, attorneys from both sides can file a form called “Notice of Issue and Statement of Ready for Trial” to inform the court that their case is ready to go to trial. The judge will then schedule a trial. During the trial the jury will determine if the defendant is at fault for the accident and your injuries. If the defendant is responsible and the jury awards you damages. If the defendant is not liable, the jury will reject your claim. Trial A personal injury claim can result in a variety of injuries that include wrongful death, emotional distress (libel and slander) as well as physical injuries caused by accidents, such as car crashes and falls. A lawsuit could also be filed for injuries that are not physical such as discomfort and pain and loss of companionship. In the beginning of your case, your lawyer will research the accident to determine the cause of the incident and the extent of your injuries. Then, he or she will negotiate with the insurance company. Your attorney will keep you informed and up to the minute on any negotiations or important developments throughout the process. After negotiations have failed, your lawyer will submit a formal complaint to court against the defendant. A complaint is the first official document in a civil lawsuit that identifies the parties, details the incident, claims that there was wrongdoing and demands compensation. The complaint must be served personally, which means that it must be delivered physically to the defendant. This usually takes around one month. Once service is complete and the defendant is required to “answer” the Complaint within a set date, which is usually 30 days. The answer will tell you if the defendant admits to the allegations made in the Complaint or denies them. During this phase, your lawyer can submit medical records, documents, and other evidence in support of your case. The lawyer for the defendant will provide a response to these documents, and the two sides will then engage in further discussions. If the parties are unable to come to an agreement, mediation or arbitration could be required prior to the trial can be held. However, a significant percentage of personal injury cases are settled out of court. Your lawyer must first pay any businesses with liens on your monetary award through a specialized account before distributing an actual check.