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How Personal Injury Lawsuits Work Personal injury lawsuits are civil disputes involving the compensation for losses or injuries. In these situations the defendant is typically the person who is at fault. linked webpage is usually the injured party. Your lawyer will go through your medical records and other documents to determine the extent of your injuries, expenses and damages. This will help them prepare and negotiate on your behalf with the insurance company. Damages If a plaintiff prevails in a personal injury case, the court gives the plaintiff a sum of money to cover damages. These funds can be awarded as lump sums or spread out over a period of time in a structured settlement. These funds are referred to as compensatory damages. There are two types of compensatory damages: special and general. Special damages are costs which can be listed and are measurable, such as medical expenses and lost wages. General damages are more difficult to place a dollar value on, such as pain and suffering and loss of enjoyment of life. Keep a journal in which you can record the way your injuries affected your life. This increases your chances of receiving the maximum amount of compensation for any non-economic losses. These include the effects on your relationships, daily pain levels, and episodes of mental anguish and how your 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 especially true when a business or individual acts with criminal intent, fraud or gross negligence. The court may also award punitive damages to discourage others from engaging in the same manner. The defendants will receive an order with an accusation once the lawsuit has been filed. The defendants must provide a response (also called an answer) within 30 days. Typically, defendants will contest the allegations made in the complaint. After the answer is filed, the case enters the phase of fact-finding, also known as discovery. The parties will exchange information and evidence during this phase, including taking depositions. This stage takes up the majority of a personal injury timeline. Statute of limitations If you file a lawsuit for injury after the statute of limitations runs out you could lose the right to claim damages. That's why it is important to talk to an attorney who specializes in personal injury to discuss your case early on, even if you are not certain if the incident happened within the deadline. A statute of limitation is a law in a state that sets a deadline for filing lawsuits. In most states, the statute of limitations starts on the date of the incident or accident that caused your injuries. The deadline to file a personal injury lawsuit is dependent on the individual you are seeking to sue. If you want to sue an entity of municipal government (such as the city or county) the deadline will be much shorter. There are certain circumstances which could change the statute of limitations in your particular case. If you were exposed to toxic substances or suffered from medical malpractice, for example the statute of limitations can begin when you discover or reasonably ought to have realized that your injuries are the result of negligence. In certain instances minors are not subject to the statute of limitations. If you make an injury claim after the statute of limitation has expired, your defendant will likely inform the court of this and request to dismiss your claim. In this scenario the court will dismiss your claim summarily without hearing. It is crucial to speak with a personal injury lawyer as soon as you can to discuss your situation and determine if you can make an official claim. Complaint A complaint is a formal legal document that is filed by a party that alleges a cause for action and demands legal relief. The complaint should also specify what kind of compensation the plaintiff seeks. The defendant is then required to respond within a certain time frame. In general, a defendant will not respond to the claim. If the defendant fails to respond, a default judgment could be granted to the petitioner's behalf. In the majority of cases, personal injury claims are based on actual bodily injury. Physical injuries can be expensive, and your attorney will work to ensure you receive compensation for any current medical bills as well as any future costs that are anticipated. These expenses include medications, home care, and physical therapy. You can also claim any loss in your quality of life that is resulted from your injury. This includes things like being unable to walk, sleep or drive normally. This kind of injury is known as suffering and pain. The court will call a preliminary conference when the complaint has been filed to schedule any mandatory oral or physical examinations, as well as the production of any documents. After the conference, your lawyer will prepare a Bill of Particulars. It is a thorough description of your injuries. It will include all the losses you have suffered, including the costs of your current and future medical expenses, lost earnings and property damage. Your lawyer will outline any emotional distress, disfigurement, or loss of enjoyment in your life, as well as any other non-monetary damages that you are seeking. If your case is deemed to be a 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 can appeal the decision. Summons The formal process of a lawsuit begins with a summons and a complaint. The plaintiff submits the complaint to a court and sends a copy of the document to the defendant by certified or registered mail within a specific time frame. The defendant must respond or risk a default judgment against them. Your New York City personal injury attorney will prepare an Bill of Particulars, which sets out the damages and injuries you've suffered in greater detail. It may include photographs of your injuries, medical bills, and lost wages. It also includes details of the accident and how the defendant is responsible for the harm you suffered. In the middle of a lawsuit, also known as “discovery”, each party has the opportunity to ask questions and look over evidence held by the opposing party. The defendant's representatives will want to have all the facts before making settlement offers, so your attorney plays a significant role in negotiations during this stage. Your lawyer can also request that you are examined by a doctor they select in connection with the injuries or damages you're claiming. If you fail to attend, the judge may dismiss your case or require that you pay the defendant for their examination costs. After a discovery and inspection, attorneys from both sides can file a document called “Notice of Issue and Statement of Ready for Trial” to inform the court that their case is ready for trial. The judge will then set the date for the trial. During the trial the jury will decide if the defendant was responsible for the accident as well as the injuries you suffered. If the defendant is liable, the jury will award you damages. If the defendant isn't accountable, 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 injury from accidents, such as car crashes and falls. A lawsuit can also be filed for non-physical injuries like discomfort and pain, as well as loss of companionship. In the initial stages of your case, your lawyer will research your accident to fully understand what happened and the magnitude of your injuries. Then, he or she will negotiate with the insurance company of the at-fault company. Your lawyer will stay in touch with you about any significant developments and negotiations throughout the entire process. If negotiations fail and your lawyer has to make a formal complaint to the court against the defendant. A complaint is the first official document in a civil lawsuit that names the parties, explains the incident, alleges wrongdoing and demands compensation. The complaint must be served personally, which means that it must be handed over physically to the defendant. It usually takes about one month. After service, the defendant has 30 days to “answer” the Complaint. The answer will tell you if the defendant is willing to admit the allegations made in the Complaint or denies them. At this point your lawyer will submit medical records, documents and other evidence to back your argument. The attorney representing the defendant will then respond to these documents, and then the two sides will begin further negotiations. If the parties can't come to an agreement, mediation or arbitration may be required prior to trial can begin. A significant number of personal injury cases are settled out of court. Your lawyer must first pay any companies with liens on your monetary award from a special escrow fund before issuing you a check.