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How Personal Injury Lawsuits Work Personal injury lawsuits are civil litigation over the compensation for losses or injuries. In these cases the defendant is usually the one who is at fault. The plaintiff is usually the party who is injured. Your attorney will examine your medical records and other documentation to assess the full extent of your injuries, expenses and damages. This will help them prepare and negotiate with the insurance company for you. Damages If a plaintiff prevails in a personal injury lawsuit, the courts award them funds to cover their losses. The funds may be awarded as lump sums or spread over a time period, as part if the settlement is structured. These funds are referred to as compensatory damages. There are two types: special and general. Special damages are those that can be quantified that can be categorized like medical bills and lost earnings. General damages are more difficult to place a dollar value on, such as suffering and suffering, as well as loss of enjoyment of life. Keep a diary of how your injuries have affected the odds of obtaining maximum compensation for non-economic damages. This includes the impact on your relationships, daily pain levels as well as mental anxiety and your ability to complete things you used to take for granted. In many personal injury lawsuits there are many defendants. This is especially common when an individual or business is guilty of gross negligence, fraud, and criminal intention. The court can also award punitive damage to deter other people from doing the same thing. The defendants will receive a summons along with a complaint once a lawsuit is filed. The defendants will be required to respond (also called an answering) within 30 days. Usually, the defendants deny the allegations made in the complaint. After the answer has been filed, the case moves to an investigation known as discovery. The parties will share information and evidence in this stage including depositions. This stage takes up the majority of a personal injury timeline. Statute of limitations If you file an injury lawsuit after the statute of limitations has expired, you will likely lose the right to claim damages. It is essential to speak with an attorney for personal injuries as soon as possible, even if you're not certain whether the incident occurred within the time frame. A statute of limitations is a law in a state that sets a time limit on the amount of time you have to file an injury lawsuit. In many states, the statute of limitations starts with the date of the accident or incident that led to your injuries. The deadline to file a lawsuit also depends on the party you are suing. If you want to sue an entity of municipal government (such as a county or city) the deadline will be shorter. In addition, there are certain situations that could alter the statute of limitations in your situation. For example, if you were exposed to harmful substances or a victim of medical malpractice, the time limit may begin when you discover or ought to have realized, that your injuries were caused by negligence. In talks about it , minors are exempt from the statute of limitations. If you submit an injury claim after the statute of limitation has expired Your defendant is likely to inform the court of this and request that your case be dismissed. In this case, the court will dismiss your claim summarily without a hearing. This is why it's important to consult an experienced personal injury lawyer early on to discuss your case and determine whether you have a valid legal claim. Complaint A complaint is a legal formal document filed by a plaintiff that declares an action, and a demand for the judicial remedy. The complaint should also state the type of compensation that the plaintiff seeks. The defendant is then obliged to respond within a certain timeframe. The defendant is usually able to deny the claim. If the defendant does not respond to the claim, a default judgement may be entered in favor of the petitioner. Personal injury claims are generally based on actual bodily harm. Physical injuries can be extremely expensive, and your attorney will work to ensure that you get paid for any existing medical bills, as well as any future expenses you anticipate. This includes things like medications or home care, as well as physical therapy. You can also claim compensation for any loss in quality of life caused by your injuries. This includes the inability to sleep, drive or walk normally. This kind of injury is known as suffering and pain. When a complaint is made, the court will convene a preliminary conference to schedule obligatory oral and physical examinations, as well as any document production. Your lawyer will then draft a Bill of Particulars. This is a thorough account of your injuries. It will include all of your losses, including the costs of your current and future medical bills, lost earnings and property damage. Your lawyer will describe any emotional distress, disfigurement or loss of enjoyment and any other non-monetary damages that you seek. If the case is found to be a probable cause the case 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 doesn't have jurisdiction, you can appeal the decision. Summons The formal process of a lawsuit begins with a summons as well as a complaint. The plaintiff file the complaint with an appropriate court and then sends a copy of the document to the defendant by registered or certified mail within a specified timeframe. The defendant must 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 more specific detail. This may include photos of your injuries, medical expenses 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, also known as “discovery,” each party gets to ask questions and inspect evidence that is held by the other party. The defendant's representatives will want to be armed with all the information they need prior to making settlement offers, therefore your attorney plays a significant role in negotiations during this stage. Your lawyer can also request to have you examined by a physician they select in relation to the injuries or damages you're claiming. If you fail to show up, the court may dismiss your case. Or, they may require that you pay for the doctor's examination costs. After discovery and inspection, attorneys on both sides can file a form called “Notice of Issue & Statement of Ready for Trial” to inform the court that their case is prepared for trial. The judge will then determine an appointment date for the trial. During the trial the jury will decide if the defendant is responsible for the accident and injuries. If the defendant is accountable and the jury awards you damages. If the defendant isn't at fault then the jury will deny your claim. Trial Personal injury claims can cover a broad range injuries, such as wrongful death, emotional distress (libel or slander), and physical harm caused by accidents such as car crashes and falls. A lawsuit can also be filed for injuries that are not physical such as discomfort and pain, as well as loss of companionship. Your lawyer will conduct a thorough investigation regarding your accident in the beginning stages of the case to determine the exact nature and severity of your injuries. Then, he will negotiate with the insurance company. Your lawyer will keep you up-to current on any negotiations and important developments throughout the process. After negotiations are unsuccessful, your lawyer will file a formal complaint in the court against 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 requests compensation. The defendant must be personally served with the complaint, which means it must be delivered physically to the defendant. It typically takes a month. After service, the defendant will have 30 days to “answer” the Complaint. The answer will tell you if the defendant acknowledges the allegations in the Complaint or denies them. During this stage your lawyer could submit medical records, documents and other evidence to support your case. The lawyer representing the defendant will then reply to these documents and the two sides will begin further negotiations. If the parties are not able to reach an agreement and mediation or arbitration might be required before your case can go to trial. However, a large percentage of personal injury cases settle outside of court. Once a settlement is reached, your lawyer must pay any companies with lien on the money settlement out of a separate account in escrow before he/ they can issue an official check.