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How Personal Injury Lawsuits Work Personal injury lawsuits are civil litigation over the compensation for losses or injuries. These cases often involve a party who is at the fault (defendant) and an injured party, referred to as the plaintiff. Your attorney will examine your medical records and other documentation to assess the full extent of your injuries, costs and damages. This will allow them to prepare and negotiate with the insurance company for you. Damages If a plaintiff is successful in a personal injury case the court will award them money to pay for damages. These funds may be awarded in one lump sum or paid over time as part of a structured settlement. These funds are referred to as compensatory damages. There are two types of compensatory damages: general and special. Special damages are costs that can be categorized and are measurable like medical expenses and lost wages. General damages are more difficult to place a dollar value on, such as suffering and suffering, as well as loss of enjoyment. Keeping a journal detailing the way your injuries have affected you you can help improve the odds of obtaining the most money for damages that are not economic. This includes the impact on your relationships, daily pain levels, and episodes of mental stress and how your injuries affect your ability to participate in the activities you used to take for taken for granted. In many personal injury cases, more than one defendants are accountable. This is most common when a person or business commits fraud, criminal intent or gross negligence. The court may also award punitive damage to deter other people from engaging in the same manner. When a lawsuit is filed, the defendants will receive a summons and complaint. The defendants must respond (also called an answering) within 30 days. Usually, defendants will deny the allegations made in the complaint. Once the answer is filed and the case is referred to as an investigation stage, known as discovery. The parties will exchange information and evidence during this phase, including taking depositions. This is the stage that accounts for the majority of the time in the timeline of a personal injury lawsuit. Statute of limitations If you file a lawsuit claiming injury after the statute of limitations expires the statute of limitations will expire and you'll likely lose your right to recover damages. That's why it is important to talk to a personal injury lawyer about your case early even if not sure if the accident happened within the deadline. A statute of limitations is a law of the state that provides a time frame for filing a lawsuit. In most states the statute of limitations begins the date on which the accident or incident caused your injuries. The deadline for filing a personal injury lawsuit also varies depending on the person you are seeking to sue. If you intend to sue an entity of municipal government (such as a county or city) the deadline is shorter. There are other situations which could change the statute of limitations in your particular case. If you were exposed to toxic substances or were the victim of medical malpractice, for instance, the statute of limitation can begin when you discover or reasonably should have known that your injuries are the result of negligence. In certain cases, minors are exempt from the statute of limitation. If you file an injury claim after the time limit has expired the defendant will likely to inform the court and request the case to be dismissed. If this occurs, the court could summarily dismiss your claim without hearing. It is crucial to speak with a personal injury lawyer as soon as possible to discuss your case and determine if you are eligible to file 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 should also specify what kind of compensation the plaintiff seeks. The defendant must then respond within a specific time frame. A defendant is likely to decline to respond. If the defendant does not respond, a default judgment could be made in favor of the petitioner. Personal injury claims are typically based on actual bodily harm. Your lawyer will ensure that you get paid for your current medical bills and any future expenses. This includes things like medications as well as home care and physical therapy. You can also claim any loss in quality of life that is resulted from your injury. This includes things like the inability to drive, sleep or walk normally. This kind of injury is referred to as pain and suffering. If a complaint is filed when a complaint is filed, the court will hold a preliminary meeting to plan obligatory oral and physical examinations, as well as any document production. Following the conference, your lawyer will prepare the Bill of Particulars. This is a detailed description of your injuries. This will include the losses you have suffered including future and present medical expenses loss of wages, as well as property damage. Your lawyer will also outline the alleged emotional distress, disfigurement, loss of enjoyment of life, and any other damages that are not monetary you're seeking. If your case is deemed to be probable cause, you will be scheduled for an open hearing. If your complaint is rejected because of a determination of no probable reason or because the court does not have jurisdiction, you may appeal the decision. Summons The formal lawsuit process starts with a summons as well as a complaint. The plaintiff submits the complaint to an appropriate court and then sends a copy of the document to the defendant via certified or registered mail within a specified timeframe. The defendant has to respond, or else risk default judgment against them. Your New York City personal injury attorney will file an Bill of Particulars, which sets out the injuries and damages you've suffered more fully. This could include photos of your injuries, medical expenses and lost wages. It also includes details of the incident and the manner in which the defendant is accountable for your injuries. During the middle part of a lawsuit called “discovery,” each party has the opportunity to ask questions and examine evidence held by the other party. Your lawyer will be crucial in this phase of negotiations because the defendant's representatives want complete information prior to making settlement offers. Your lawyer may also request to see you by a physician they select in relation to the injuries or damages you're seeking. If you don't attend, the court may dismiss your case. Or, they may require that you pay for the defendant's examination costs. After discovery and inspection have been completed, attorneys on each side can file something called a “Notice of Issue and Statement of Readyness for Trial.” This informs the court that your case is ready to go to trial. The judge will then set an appointment date for the trial. During the trial, a jury will decide whether the defendant is responsible for the accident and your injuries. If the defendant is responsible the jury could award you damages. If the defendant is not liable then the jury will deny your claim. Trial A personal injury case encompasses a range of injuries which include wrongful deaths; emotional distress (libel and slander); and physical harm caused by accidents, such as car crashes and falls. www.youtube.com can also be filed for physical injuries, such as discomfort and pain and loss of companionship. In the early stages of your case your lawyer will conduct a thorough investigation of your accident in order to fully comprehend what happened and the magnitude of your injuries. Then, he or she will negotiate with the insurance company. Your attorney will keep you up to date on any negotiations and important developments throughout the 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 identifies the parties, details the incident, alleges wrongdoing, and seeks compensation. The defendant must be personally served with the complaint, which is to say it must be physically delivered to him or her. It usually takes about one month. After service is completed and the defendant is required to “answer” the Complaint within a specific time frame, which is typically 30 days. The answer will explain whether the defendant denies or admits the allegations made in the Complaint. During this stage, your lawyer may submit documents, medical records as well as other evidence to prove your argument. The defendant's lawyer will submit a response to these documents and the two sides will then engage in further discussions. If the parties are unable to reach a settlement, mediation or arbitration may be required before your case is put to trial. However, a significant percentage of personal injury cases are settled out of court. Once a settlement is reached, your lawyer must pay any businesses that have lien on the money settlement out of a separate account in escrow before he/ she will write you an official check.