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How Personal Injury Lawsuits Work Personal injury lawsuits are civil disputes over compensation for losses or injuries. In these cases the defendant is typically the one who is at fault. The plaintiff is usually the victim. Your lawyer will review all of your medical records, as well as other documentation, in order to determine the totality and cost of your injuries and the damages. This will enable them to prepare and negotiate on your behalf with the insurance company. Damages If a plaintiff prevails in an injury lawsuit the courts award them money to pay for their damages. The funds can be awarded in one lump sum or spread over time as part of a structured settlement. These funds are also known as compensatory damages. There are two types of compensatory damages: special and general. Special damages are costs which can be listed and quantifiable for example, 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. Keep a diary of the way your injuries have affected you you can help improve your chance of winning the maximum amount of compensation for non-economic damages. This includes the impact on your relationships, daily pain levels and bouts of mental anguish, and how injuries affect your ability to participate in the activities you used to take for granted. In a majority of personal injury cases, more than one defendants are at fault. This is most common when a business or an individual commits the most blatant negligence, fraud and criminal intention. The court may also award punitive damages to deter other people from doing the same thing. The defendants are served with a summons with an accusation once a lawsuit is filed. The defendants will be required to provide a response (also known as an answering) within 30 days. Usually, the defendants deny the allegations made in the complaint. After the answer is filed, the case moves to a stage of fact-finding known as discovery. This is when both parties will share relevant information and evidence, which includes depositions under an oath. This phase takes up the majority of the timeline for personal injuries. Statute of limitations If you file a lawsuit for injury after the statute of limitations expires you could lose your right to recover damages. It is essential to speak with an attorney in personal injury whenever you can even if you're unsure certain if the incident occurred within the timeframe. A statute of limitations is a state law that sets a deadline on the amount of time you must bring a lawsuit for injury. In many states, the statute of limitations begins with the date of the incident or accident which caused your injuries. The deadline for filing a lawsuit for personal injury also depends on the individual you are seeking to sue. If you are suing an entity that is a part of the municipal government (such as the city or county), the deadline will be much shorter. Additionally, there are certain situations that can change the statute of limitations in your particular case. For instance, if were exposed to harmful substances or a victim of medical negligence The time limit may begin when you discover or ought to have realized that your injuries were caused by negligence. In certain instances minors are not subject to the statute of limitation. If you make a claim for injury after the statute of limitation has expired the defendant will likely tell the court about this and ask that your lawsuit be dismissed. If this happens, the court will summarily dismiss your claim without hearing. That's why it is important to speak with a seasoned personal injury lawyer early on to discuss your case and determine whether you have a legitimate legal claim. Complaint A complaint is a legal document filed by a person who asserts an actionable cause and demands judicial relief. The complaint must also specify the type of compensation that the plaintiff is seeking. The defendant is then obliged to respond within a specific time frame. A defendant will usually reject the claim. If YouTube does not respond, default judgment can be entered in the petitioner's favor. Most personal injury claims involve actual bodily harm. Your lawyer will ensure that you receive compensation for the medical bills you are currently paying as well as any future expenses. These expenses include medications, home care, and physical therapy. You can also claim any loss in your quality of life that is caused by your injury. This includes things like being unable to drive, sleep or walk normally. This kind of damage is known as pain and suffering. When a complaint is filed and the court is notified, they will hold a preliminary conference to set the date for the mandatory oral and physical examinations as well as any document production. Following the conference, your lawyer will prepare the Bill of Particulars. It is a comprehensive report of your injuries. This will include your losses including future and present medical costs loss of wages, as well as property damage. Your lawyer will also outline the grievous emotional distress, disfigurement, loss of enjoyment of life, and any other damages that you're seeking. If the case is found to have probable cause your case will be scheduled for public hearing. If the complaint is dismissed because of a determination that there is no probable cause or because the court doesn't have jurisdiction, you may appeal the decision. Summons The formal lawsuit starts with a summons. The plaintiff file the complaint with an appropriate court and then sends a copy of the document to the defendant via certified or registered mail within a specific time frame. The defendant must respond, or else risk a default judgment against them. Your New York City personal injury attorney will file a Bill of Particulars, which describes the damages and injuries you've sustained more fully. It may include photographs of your injuries, medical bills, and lost wages. The document will also contain information about the accident and how you think the defendant is responsible for the injury. In the middle of a lawsuit, also known as “discovery” the parties is able to ask questions and examine evidence presented by the opposing party. Your lawyer will be crucial during this stage of negotiations because the defendant's representatives want complete information prior to making settlement offers. Your lawyer can also ask to have you examined by a doctor they choose in connection with the damages or injuries you're claiming. If you fail to attend, the judge could dismiss your case or require that you pay the defendant their examination costs. After a discovery and inspection, attorneys from 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 to go to trial. The judge will then set a trial date. During the trial, the jury will determine if the defendant is accountable for the accident and the injuries you sustained. If the defendant is responsible for the accident, the jury will award you damages. If the defendant isn't responsible, the jury will deny your claim. Trial Personal injury claims can cover a wide range injuries, such as emotional distress, wrongful death (libel or slander) as well as physical injuries from accidents like car crashes and falls. Additionally, lawsuits can also be filed to address non-physical injuries like the suffering of others and loss of companionship. Your lawyer will conduct a thorough investigation on your accident in the beginning stages of the case to determine the exact nature and severity of your injuries. Then, he will work with the insurance company of the at-fault company. Your lawyer will keep you informed and up to the minute on any negotiations or significant developments throughout this process. Once negotiations have failed and your lawyer has to make a formal complaint to the court against the defendant. A complaint, the first official document of civil lawsuits, names all parties, describes the incident and lays out allegations of wrongdoing. It also demands compensation. The defendant must be personally served with the complaint, which is to say it must be delivered physically to the defendant. This typically takes about a month. After service, the defendant is given 30 days to “answer” the Complaint. The answer will explain whether the defendant denies or admits the allegations contained in the Complaint. During this time your lawyer will be able to submit documents, medical records as well as other evidence in support of your case. The lawyer representing the defendant will submit a response to these documents, and the two sides will continue to negotiate. If the parties can't come to an agreement, mediation or arbitration may be required prior to the trial can be held. However, a large percentage of personal injury cases are settled out of court. After a settlement has been reached, your lawyer must pay any companies with liens on the monetary settlement through a specific escrow account before he or they can issue a check.