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How Personal Injury Lawsuits Work A personal injury lawsuit is a civil dispute over the amount of compensation for injuries and losses. In these instances, the defendant is usually the person responsible for the incident. The plaintiff is typically the injured party. Your lawyer will review all medical records and other documents, to determine the totality and cost of your injuries and damages. This will allow them to prepare and negotiate on your behalf with the insurance company. Damages If a plaintiff prevails in a personal injury case, the judge awards them money to pay for damages. These funds can be awarded in a lump sum or distributed over time as part of a structured settlement. These funds are referred to as compensatory damages. There are two kinds of compensatory damages: special and general. Special damages are costs which can be listed and quantifiable, such as medical expenses and lost wages. General damages are more difficult to quantify a dollar amount on, such as pain and suffering and loss of enjoyment. Writing down the way your injuries have affected you your chance of winning maximum compensation for non-economic damages. This includes the impact on your relationships, your daily pain levels, and episodes of mental stress and how injuries affect your ability to engage in activities that you used to take for granted. In a majority of personal injury cases, multiple defendants are responsible. This is most common when a person or business acts with fraud, criminal intent or gross negligence. The court can also award punitive damages to deter others from acting in a similar way. After a lawsuit has been filed the defendants will be served with a summons and complaint. The defendants will be required to respond (also called an answer) within 30 days. Typically, the defendants will contest the allegations made in the complaint. Once the answer is filed, the case will enter a fact-finding stage known as discovery. The parties will exchange information and evidence in this stage and may even conduct depositions. This stage accounts for the majority of the time in a personal injury lawsuit timeline. Statute of limitations If you file a lawsuit for injury after the statute of limitation expires, it's likely that you'll lose your right to receive damages. It is essential to speak with a personal injury attorney as soon as possible, even if you're not certain whether the incident occurred before the timeframe. A statute of limitations is a law of the state which sets a time frame on the amount of time you must bring a lawsuit for injury. In many states, a statute of limitations starts on the date that the accident or incident led to your injuries. The deadline for filing a lawsuit for personal injuries also varies depending on the individual you are seeking to sue. For example, if you want to sue a municipal government entity (such as a city or county) the deadline is much shorter. There are also certain situations that may change the statute of limitation in your situation. If You Tube have been exposed to toxic substances or were the victim of medical malpractice, for example, the statute of limitation can begin when you discover or ought to have known that your injuries are the result of negligence. In some cases, the statute of limitations can be tolled for minors. If you file an injury claim after the statute of limitations has expired the defendant will likely to inform the court and request your lawsuit to be dismissed. In this case, the court will dismiss your claim summarily without hearing. It is important to consult an attorney for personal injuries as soon as possible to discuss your case and determine if you can make a legal claim. Complaint A complaint is a formal legal document that is filed by a party who claims a cause of action and seeks judicial relief. The complaint must also specify the type of compensation that the plaintiff seeks. The defendant is then obliged to respond within a specified timeframe. In general the event of a denial, the defendant will reject the claim. If the defendant fails to respond to the claim, a default judgment could be entered for the petitioner. In most cases, personal injury claims are based on actual bodily harm. Physical injuries can be expensive, and your attorney will ensure that you receive compensation for any current medical bills, as well as any future costs that are anticipated. These include things like medication as well as home care and 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 type of damages is known as suffering and pain. The court will set up an initial conference once the complaint has been filed. The court will schedule any mandatory physical or oral examinations, and also the production of any documents. Your lawyer will then prepare an Bill of Particulars. It will provide a full description of your injuries. It will include all of your losses including the cost of your current and future medical expenses, lost earnings and property damage. Your lawyer will describe any emotional distress, disfigurement, or loss of enjoyment in life and any other damages that are not monetary that you're seeking. If your case is deemed to have probable cause, you will be scheduled for an open hearing. If your complaint is rejected due to a finding of 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 complaint. The plaintiff files a complaint with the court and then sends the defendant a copy of the complaint via registered or certified mail within a specified time. The defendant has to respond or risk default judgment against them. Your New York City personal injuries attorney will prepare an Bill of Particulars that outlines the injuries and damages suffered by you in greater specific detail. It may include photographs of your injuries, medical bills, and lost wages. The document also contains details about the incident and how you believe the defendant is accountable for the injury. During the middle phase of a lawsuit, referred to as “discovery” the parties is able to ask questions and examine evidence presented by the opposing party. The representatives of the defendant will want to have all the facts before making settlement offers, so your attorney will play a crucial role in negotiations during this time. Your lawyer may also request to have you examined by a doctor they choose for the injuries or damages you're seeking. If you do not attend, the court could dismiss your case. Or, they may require that you pay for the doctor's examination costs. Once discovery and inspection are completed, the lawyers on each side can file a document known as a “Notice of Issue” and a “Statement of Readyness for Trial.” This informs the court that your case is ready to go to trial. The judge will then decide on 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, the jury may award you damages. If the defendant is not accountable then the jury will dismiss your claim. Trial A personal injury claim can result in a variety of injuries, including wrongful death; emotional distress (libel and slander) as well as physical injuries caused by accidents, such as car crashes and falls. A lawsuit can also be filed for non-physical injuries, such as pain and discomfort and loss of companionship. In the beginning of your case your lawyer will conduct a thorough investigation of the accident to determine what happened and the magnitude of your losses. The lawyer will then discuss the matter with the insurance company of the party at the fault. Your lawyer will stay in touch with you about any significant developments and negotiations throughout the entire process. If negotiations fail the lawyer will make a formal complaint to the court against the defendant. A Complaint is the first official document in a civil lawsuit. It identifies the parties, details the incident, alleges wrongdoing, and requests 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 a month. After service, the defendant is given 30 days to “answer” the Complaint. The answer explains whether the defendant is willing to admit the allegations made in the Complaint or refuses to acknowledge them. During this phase your lawyer may provide medical records, documents as well as other evidence in support of your case. The lawyer representing the defendant will submit an answer to these documents and the two parties will continue to negotiate. If the parties can't reach an agreement, mediation or arbitration could be required prior to trial can begin. A significant number of personal injury cases are settled out of court. When a settlement is reached, your lawyer must pay any businesses that have liens on the monetary settlement out of a separate account in escrow before he/ will issue you an official check.