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How Personal Injury Lawsuits Work Personal injury lawsuits are civil litigation over compensation for injuries or losses. In these cases the defendant is typically the person at fault. The plaintiff is typically the injured party. Your lawyer will go through all medical records and other documentation, in order to determine the full extent and cost of your injuries and damage. This will allow them to prepare and negotiate on your behalf with the insurance company. Damages If a plaintiff is successful in a personal injury lawsuit, the judge will award the plaintiff a sum of money to cover damages. The funds can be awarded in one lump sum or distributed over time as part of a structured settlement. These funds are also known as compensatory damages. There are two types of compensatory damages: general and special. Special damages are the ones that can be quantified that can be categorized like medical bills and lost earnings. General damages, like discomfort and pain, as well as loss of enjoyment, are more difficult to quantify. Writing down how your injuries have affected your chances of obtaining the maximum amount of compensation for non-economic damages. These include the effects on your relationships, daily pain levels, and episodes of mental anguish and how your injuries affect your ability to engage in activities that you used to take for taken for granted. In many personal injury cases, multiple defendants are accountable. This is the most frequent scenario when a business or individual commits fraud, criminal intent and gross negligence. The court may also award punitive damages to deter others from committing the same way. When a lawsuit is filed the defendants will be served with a summons and complaint. The defendants are required to respond (also known as an answering) within 30 days. Usually, the defendants deny the allegations made in the complaint. Once the answer is filed, the case will enter the process of fact-finding, also known as discovery. The parties will exchange information and evidence during this stage including depositions. This is where you will find the majority of the time in the timeline of personal injury lawsuits. Statute of limitations If you file an injury lawsuit after the statute of limitations runs out, you will likely lose the right to claim damages. That's why it's crucial to talk to an attorney for personal injury about your case as early as possible even if not sure if the accident occurred before the deadline. A statute of limitations is a law of the state which sets a time frame on the time you have to file an injury lawsuit. In most states the statute of limitations begins the date that the accident or incident caused your injuries. youtube.com to file a lawsuit for personal injury is dependent on the individual you are suing. 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 much shorter. There are also certain situations which could change the statute of limitation in your case. If you have been exposed to toxic substances or were the victim of medical malpractice, for example, the statute of limitation could begin when you realize or reasonably should have known that your injuries are the result of negligence. In certain instances minors are exempt from the statute of limitations. If you file a personal injury claim after the statute of limitations has expired, the defendant will most likely to inform the court and ask for the case to be dismissed. In this case the court will decide to dismiss your claim without a hearing. This is why it's crucial to consult an experienced personal injury lawyer as soon as possible to discuss your case and determine if you have a viable legal claim. Complaint A complaint is a formal legal document that is filed by a person who alleges a cause for action and demands the judicial remedy. The complaint must also specify the kind of compensation the plaintiff is seeking. The defendant is then required to respond within a specific time period. A defendant will usually reject the claim. If the defendant does not respond, a default judgment may be granted for the petitioner. In most cases, personal injury claims are based on actual bodily harm. Physical injuries can be costly, and your attorney will ensure that you get paid for any existing medical bills and any anticipated future expenses. These expenses include medications or home care as well as physical therapy. In addition, you can claim compensation for any loss in quality of life resulting from your injuries. This includes the inability to walk, drive or sleep normally. This kind of injury is known as pain and suffering. The court will schedule the preliminary conference after the complaint is filed to schedule any mandatory oral or physical examinations, and also the production of any documents. Following the conference, your lawyer will prepare a Bill of Particulars. It is a thorough description of your injuries. It will include all your losses including the cost of your present and future medical expenses, lost earnings and property damage. Your lawyer will detail any emotional distress, disfigurement, or loss of enjoyment and any other non-monetary damages that you seek. If the case is deemed to be probable cause the case will be scheduled for an open hearing. If the complaint is dismissed as a result of a determination that there is no probable cause, or because the court does not have jurisdiction, you can appeal the decision. Summons The formal lawsuit process begins with a summons and a complaint. The plaintiff files the complaint with an appropriate court and then sends a copy of the document to the defendant by certified or registered mail within a certain time frame. The defendant must respond, or they 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 more detail. It could include photos of your injuries, medical bills, and lost wages. It also includes details of the accident and how the defendant is accountable for your harm. During the middle part of a lawsuit referred to as “discovery,” each party has the opportunity to ask questions and look over evidence that is held by the other party. Your lawyer will be crucial during this stage of negotiations since the defendant's representatives want full information before making settlement offers. Your lawyer can also request to see you by a doctor they choose in connection with the damages or injuries you're claiming. If you fail to take part, the judge may dismiss your case, or demand that you pay the defendant their examination costs. After the discovery and inspection process is completed, the lawyers on both sides may file a document known as the “Notice of Issue and Statement of Readyness for Trial.” This informs the court that your case is now ready to go to trial. The judge will then determine a trial date. During the trial, a jury will decide whether the defendant is responsible for the accident and your injuries. If the defendant is at fault and the jury awards you damages. If the defendant isn't responsible and the jury denies your claim. Trial A personal injury claim can result in a variety of injuries, including wrongful death; emotional distress (libel and slander); and physical harm caused by accidents like car crashes and falls. A lawsuit can also be filed for injuries that are not physical like discomfort and pain and loss of companionship. Your lawyer will conduct research on the accident during the beginning stages of the case to determine the exact nature and severity of your injuries. The lawyer will then discuss the matter with the insurance company of the party who is at the fault. Your lawyer will stay in touch with you about any significant developments and discussions throughout the process. If negotiations fail and your lawyer is unable to resolve the issue, he will file an official complaint in a court against the defendant. A complaint is the first official document in a civil suit that identifies the parties, describes the incident, argues for wrongdoing, and seeks compensation. The complaint must be personally served which means it must be handed over physically to the defendant. This typically takes about one month. After service has been completed, the defendant must “answer” the Complaint within a set time frame, which is typically 30 days. The answer will tell you if the defendant admits to the allegations in the Complaint or denies them. At this point your lawyer will submit documents, medical records and other evidence to back your argument. The lawyer representing the defendant will respond to these documents, and then the two sides will begin negotiations. If the parties are not able to come to an agreement, mediation or arbitration may be required before your case goes to trial. A large portion of personal injury cases are settled out of court. Your lawyer must first pay any companies with liens on your monetary award from a specific money escrow before distributing an actual check.