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How Personal Injury Lawsuits Work Personal injury lawsuits are civil disputes over compensation for injuries or losses. In these situations, the defendant is usually the one who is responsible for the incident. The plaintiff is typically the party who is injured. Your lawyer will review all medical records and other documents, to determine the full extent and cost of your injuries and the damages. This will help them prepare and negotiate with the insurance company on behalf of you. Damages When a plaintiff wins in a personal injury claim, the court will award the plaintiff a sum of money to cover damages. The funds may be awarded as a lump sum or spread out over a period of time, as part if an agreed settlement. These funds are known as compensatory damages. There are two types of compensatory damages: special and general. Special damages are expenses which can be listed and are measurable for example, medical expenses and lost wages. General damages, such as discomfort and pain, and loss of enjoyment of living are more difficult to quantify. Keep a journal in which you can record the way your injuries affected you. This will increase your chances of receiving the most compensation for any non-economic losses. These include the effects on your relationships, daily pain levels and bouts of mental anxiety, and how injuries affect your ability to participate in activities that you used to take for granted. In a majority of personal injury cases, multiple defendants are at fault. This is most common when a business or an individual is guilty of gross negligence, fraud, and criminal intention. The court may also award punitive damages to deter others from committing the same way. The defendants will receive a summons with an accusation once the lawsuit has been filed. They will then be required to submit a response or answer, within 30 days. Typically, defendants will deny the allegations made in the complaint. After the answer has been filed, the case is moved to an investigation known as discovery. The parties will exchange information and evidence during this stage including depositions. This is the stage that accounts for 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's likely that you will lose the right to damages. That's why it's crucial to talk to an attorney for personal injury about your case early on, even if you are 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 time you can make an injury lawsuit. In many states the statute of limitations begins at the time of the incident or accident that led to your injuries. The time frame for filing a lawsuit for injury also depends on who 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. Additionally there are certain circumstances which could change the statute of limitations in your particular case. For example, if you were exposed to toxic substances or suffered medical negligence, the statute of limitations may start when you discover, or reasonably should have discovered, that your injuries were the result of negligence. In certain instances the statute of limitations can be tolled for minors. If you file an injury claim after the statute of limitation has expired the defendant will likely tell the court about this and request that your case be dismissed. If this occurs, the court will dismiss your claim in a sweeping manner without hearing. That's why it is important to talk with an experienced personal injury lawyer as soon as possible 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 that declares an actionable cause and demands legal relief. The complaint should also state the type of relief the plaintiff seeks. The defendant must then respond within a specified timeframe. A defendant will usually decline to respond. If the defendant fails to respond to the claim, a default judgement may be entered in favor of the petitioner. In the majority of cases, personal injury claims involve actual bodily injury. Physical injuries can be extremely expensive, and your attorney will work to ensure that you receive compensation for any current medical bills as well as any future expenses you anticipate. These include things like medication or home care, as well as physical therapy. Additionally, you can claim for any loss of quality of life that is caused by your injuries. This includes things like the inability to walk, drive, or sleep normally. This type of damage is referred to as suffering and pain. The court will set up a preliminary conference when a complaint has been filed. The court will schedule any mandatory oral or physical examinations, and also the production of any documents. Following the conference, your lawyer will prepare the Bill of Particulars. It is a comprehensive report of your injuries. It will include all the losses you have suffered 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 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 YouTube is dismissed as a result of a determination that there is no probable cause, or because the court doesn't have jurisdiction, you can appeal the decision. Summons The formal process of a lawsuit begins with a summons and a complaint. The plaintiff files a complaint with the court and then sends the defendant a copy via certified or registered post within a certain time frame. The defendant must respond, or else risk a default judgment against them. Your New York City personal injuries attorney will file an Bill of Particulars that outlines the injuries and damages suffered by you in greater depth. It may include photographs of your injuries, medical bills and lost wages. The document also includes information about the accident and how you believe the defendant is accountable for the injury. In the middle of a lawsuit, also known as “discovery”, each party has the opportunity to ask questions and examine evidence presented by the other party. Your lawyer will be crucial during this stage of negotiations as the representatives of the defendant want to have complete information before they make settlement offers. Your lawyer can also request to have you examined by a doctor they select in relation to the injuries or damages you're claiming. If you fail to attend, the judge may dismiss your case or order that you pay the defendant the cost of their examination. After a discovery and inspection, attorneys on both sides can file a form called “Notice of Issue and Statement of Ready for Trial” to inform the court that their case is prepared to go to trial. The judge will then set the 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 liable and the jury awards you damages. If the defendant isn't accountable, the jury will reject your claim. Trial A personal injury case encompasses a 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. In addition, lawsuits can also be filed over non-physical injuries like suffering and pain, as well as loss of companionship. In the early stages of your case, your lawyer will research your accident in order to fully comprehend what occurred and the extent of your damages. Then, he or she will work with the insurance company. Your lawyer will keep you informed and up to the minute on any negotiations or significant developments during this process. Once negotiations have failed, your lawyer will submit a formal complaint to court against the defendant. A Complaint, which is the first official document in a civil suit, identifies all parties, details the incident and alleges wrongdoing. It also seeks compensation. The defendant must be personally served with the complaint, which means that it must be physically delivered to the defendant. It usually takes about one month. After service, the defendant will have 30 days to “answer” the Complaint. The answer is whether the defendant admits to the allegations made in the Complaint or denies them. In this stage, your lawyer can submit medical records, documents, and other evidence in support of your case. The attorney representing the defendant will then respond to these documents and the two sides will start negotiations. If the parties cannot reach an agreement, mediation or arbitration may be required before a trial can take place. However, a large percentage of personal injury cases settle out of court. Your lawyer must first pay any companies that have liens on your award from a specific account before distributing an actual check.