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How Personal Injury Lawsuits Work Personal injury lawsuits are civil disputes over the compensation for losses or injuries. In these instances the defendant is typically the one who is who is at fault. The plaintiff is typically the party who is injured. Your lawyer will go through all medical records along with other documentation, 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 court gives the plaintiff money to pay damages. These funds may be awarded in a lump sum or paid over time as part of a structured settlement. These funds are referred to as compensatory damages. There are two kinds: general and special. Special damages are those that can be itemized and quantifiable like medical expenses and lost wages. General damages are difficult to quantify a dollar amount on, like the suffering and pain, and the loss of enjoyment of life. Keep a diary of how your injuries have affected your chances of obtaining the most money for damages that are not economic. These include the effects on your relationships, your daily pain levels and bouts of mental stress and how injuries affect your ability to participate in the activities you used to take for taken for granted. In many personal injury lawsuits there are multiple defendants. This is particularly true when an individual or business is guilty of reckless negligence, fraud, and criminal intent. The court can also make punitive damages in order to discourage others from acting in a similar manner. The defendants will receive a summons with an accusation once a lawsuit is filed. They will then be required to file a response, also known as an answer, within 30 days. Typically, defendants will deny the allegations in the complaint. Once the answer is filed the case will move to the process of fact-finding, also known as discovery. The parties will exchange information and evidence during this phase including depositions. This stage takes up the majority of a personal injury timeline. Statute of limitations If you bring a lawsuit to recover for injuries after the statute of limitations expires, it is likely that you will lose the right to damages. It is important to consult an attorney for personal injuries as soon as you can even if you're not certain if the incident occurred before the time frame. A statute of limitations is a law of the state that establishes a deadline for filing lawsuits. In many states, the statute of limitations begins with the date of the incident or accident that led to your injuries. The time frame to file a lawsuit is dependent on the person you are seeking to sue. For instance, if would like to sue a local government agency (such as a city or county), the deadline is shorter. There are also certain situations that may change the statute of limitation in your situation. If you were exposed toxic substances or suffered from medical malpractice, for instance, the statute of limitation can begin when you discover or reasonably ought to have realized that your injuries are the result of negligence. In certain instances, minors are exempt from the statute of limitation. If you file an injury claim after the statute of limitations has expired, the defendant will most likely inform the court and request the dismissal of your lawsuit. If this occurs, the court could summarily dismiss your claim without hearing. It is essential to contact an attorney who specializes in personal injury as soon as possible to discuss your case to determine if you have an official claim. Complaint A complaint is a legal formal document filed by a plaintiff that asserts a cause of action, and a demand for judicial relief. The complaint must also specify the kind of compensation the plaintiff seeks. The defendant must then respond within a specified time period. In general the case, a defendant will deny the claim. If the defendant fails to respond to the claim, a default judgment could be granted for the petitioner. Personal injury claims are typically based on actual bodily harm. Physical injuries can be very expensive, and your lawyer will work to ensure you receive compensation for any current medical bills as well as any future expenses you anticipate. These expenses include medications as well as home care and physical therapy. Additionally, you can claim for any loss of quality of life caused by your injuries. This includes the inability to sleep, drive or walk normally. This kind of injury is known as pain and suffering. The court will schedule a preliminary conference when a complaint has been filed. This will be used to schedule any required physical or oral examinations, as well as the production of any documents. Following the conference, your lawyer will prepare a Bill of Particulars. It is a comprehensive report of your injuries. It will include all your losses which include the cost of your present and future medical bills, lost earnings, and property damage. Your lawyer will also detail the grievous emotional distress, disfigurement, loss of enjoyment of life and any other damages that you seek. If the case is determined to be a probable cause, your case will be scheduled for public hearing. If your complaint is dismissed due to a determination of no probable reason or because the court does not have jurisdiction, you can appeal the decision. Summons The formal lawsuit starts with the issue of a summons. The plaintiff files the complaint with 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 they risk a default judgement against them. Your New York City personal injuries attorney will file an Bill of Particulars that outlines the damages and injuries sustained by you in greater detail. It could include photos of your injuries, medical bills, and lost wages. The document will also contain information regarding the accident and why you believe the defendant is accountable for the damage. During the middle part of a lawsuit referred to as “discovery,” each party gets to ask questions and inspect the evidence of the other party. Your lawyer will be crucial in this stage of negotiations because the representatives of the defendants want full information before making settlement offers. Your lawyer can also request that you undergo an examination by the doctor of their choice in relation to the damages and injuries you're seeking. If you don't show up, the court may dismiss your case. Or order that you pay for the defendant's examination costs. After a discovery and inspection, attorneys on both sides may 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 decide on the trial. During the trial, a jury will determine if the defendant is responsible for the accident and injuries. If the defendant is responsible and the jury awards you damages. If the defendant is not at fault then the jury will deny your claim. Trial A personal injury claim encompasses a range of injuries, including wrongful death; emotional distress (libel and slander); and physical harm 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. Your lawyer will conduct a thorough investigation on the accident during the early stages of the case to determine the exact cause and the extent of your injuries. He or she will then negotiate with the insurance company of the party who is at fault. Your attorney will stay in touch with you on any significant developments and discussions throughout the entire process. After negotiations don't work the lawyer will file a formal complaint in court against defendant. A complaint is the first official document in a civil lawsuit that names the parties, explains the incident, alleges wrongdoing, and requests compensation. The defendant must be personally served with the complaint, which means that it must be delivered physically to the defendant. It typically takes a month. After see here , the defendant is given 30 days to “answer” the Complaint. The answer explains whether the defendant admits to the allegations made in the Complaint or refuses to acknowledge them. During this phase your lawyer may provide medical records, documents, and other evidence in support of your case. The lawyer representing the defendant will then respond to these documents and then the two sides will begin negotiations. If the parties are unable to come to an agreement the mediation or arbitration process could be required prior to your case can go to trial. However, a substantial portion of personal injury cases settle out of court. Once a settlement is reached, your lawyer must pay any businesses that have lien on the award out of a special escrow account before he or she will write you an official check.