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How Personal Injury Lawsuits Work A personal injury lawsuit is a civil dispute regarding compensation for financial losses and losses. These lawsuits typically involve a party who is at fault (defendant) and an injured party known as the plaintiff. Your attorney will review your medical records, as well as other documents, to determine the full extent and cost of your injuries and the damages. This will help them prepare and negotiate with the insurance company on behalf of you. Damages If a plaintiff prevails in a personal injury claim the judge awards them money to pay for damages. These funds can be awarded in one lump sum or spread over time as part of a structured settlement. You Tube are referred to as compensatory damages. There are two types: general and special. Special damages are expenses that can be itemized and are measurable for example, medical expenses and lost wages. General damages are difficult to put a dollar amount on, such as the suffering and pain, and the loss of enjoyment of life. Keep a journal in which you can record how your injuries impacted you. This will increase your chance of receiving the most compensation for any non-economic losses. This includes the effect on your relationships, pain levels throughout the day, mental anguish and your ability to complete activities you used to take for granted. In many personal injury lawsuits there are many defendants. This is the most frequent scenario when a person or business commits criminal intent, fraud, and gross negligence. The court can also award punitive damages to deter others from acting in the same manner. When a lawsuit is filed, the defendants will receive a summons and complaint. They will then be required to file a response which is also known as an answer within 30 days. Typically, the defendants will not deny the allegations contained in the complaint. After the answer is filed, the case enters a stage of fact-finding known as discovery. The parties will exchange information and evidence in this stage and may even conduct depositions. This phase takes up the majority of the personal injury timeline. Statute of limitations If you file an injury lawsuit after the statute of limitations expires, you will likely lose the right to collect damages. This is why it's important to consult an attorney who specializes in personal injury to discuss your case early, even if you are not certain if the incident occurred before the deadline. A statute of limitations is a law in a state that establishes a deadline for filing a lawsuit. In many states, a statute of limitations begins the date on which the accident or incident led to your injuries. The deadline for filing a personal injury lawsuit also varies depending on the person you're suing. For instance, if you want to sue a municipal government entity (such as a city or county), the deadline is shorter. In addition, there are certain situations that could alter the statute of limitations in your particular case. For example, if you were exposed to harmful substances or suffered medical negligence the statute of limitations may start when you discover, or reasonably should have realized, that your injuries were caused by negligence. In certain cases, minors are exempt from the statute of limitations. If you file a personal injury claim after the statute of limitations has expired, the defendant will most likely to inform the court and request the dismissal of your lawsuit. If this happens, the court will dismiss your claim in a sweeping manner without hearing. That's why it is important to talk with an experienced personal injury lawyer as soon as possible to discuss your case and determine if you have a viable legal claim. Complaint A complaint is an official legal document that is filed by a party who claims a cause of action and demands legal relief. The complaint should also specify what kind of compensation the plaintiff is seeking. The defendant must then respond within a specified time frame. In general, a defendant will not respond to the claim. If the defendant fails to respond, default judgment can be made in favor of the petitioner. Personal injury claims are generally caused by bodily injury. Physical injuries can be very expensive, and your attorney will work to ensure that you get paid for any existing medical bills, as well as any future costs that are anticipated. These include things like medication, home care and physical therapy. Additionally, you can claim compensation for any loss in quality of life caused by your injuries. This includes things such as the inability to walk, drive, or sleep normally. This kind of injury is referred to as pain and suffering. When a complaint is filed, the court will hold a preliminary conference to plan obligatory oral and physical examinations, as well as any document production. Following the conference, your lawyer will prepare an Bill of Particulars. It will provide a full description of your injuries. It will include your losses including future and present medical costs as well as lost wages and property damage. Your lawyer will detail any emotional distress, disfigurement or loss of enjoyment, as well as any other non-monetary damages that you are seeking. If the case is found to have probable cause the case will be scheduled for an open hearing. If your complaint is rejected because of a determination of no probable cause or because the court is not in jurisdiction, you may appeal the decision. Summons The formal lawsuit process starts with a summons and complaint. The plaintiff submits the complaint to the court and then sends a copy of the document to the defendant through registered or certified mail within a specific time frame. The defendant must respond, or they risk a default judgment against them. Your New York City personal injuries attorney will prepare an Bill of Particulars that outlines the damages and injuries suffered by you in more depth. It may include photographs of your injuries, medical bills and lost wages. It also includes details of the incident and the manner in which the defendant is accountable for your injuries. In the middle of a lawsuit called “discovery,” each party is allowed to ask questions and look over the evidence of the other party. Your attorney is crucial in this stage of negotiations since the representatives of the defendant want to have full information before making settlement offers. Your lawyer can also ask that you undergo an examination by the doctor of their choice in relation to the injuries and damages you're claiming. If you do not attend, the judge may dismiss your case or require that you pay the defendant for the cost of their examination. After the discovery and inspection process is completed, attorneys on both sides can file something called an “Notice of Issue and Statement of Readiness for Trial.” This informs the court that your case is prepared to go to trial. The judge will then decide the trial date. During the trial, a jury will decide whether the defendant is responsible for the accident and your injuries. If the defendant is at fault and the jury awards you damages. If the defendant is not liable and the jury decides to deny your claim. Trial A personal injury claim can result in a variety of injuries which include wrongful deaths; emotional distress (libel and slander) as well as physical injuries caused by accidents like car crashes and falls. A lawsuit may also be filed for physical injuries like pain and discomfort and loss of companionship. In the early stages of your case the lawyer will investigate your accident to fully understand what occurred and the extent of your injuries. The lawyer will then negotiate with the insurance company of the party who is at fault. Your attorney will keep in touch with you about any significant developments and will also negotiate throughout the process. After negotiations have failed and your lawyer has to make a formal complaint to court against the defendant. A Complaint is the initial official document in a civil lawsuit that names the parties, explains the incident, argues for wrongdoing and demands compensation. The complaint must be served personally which means it must be handed over physically to the defendant. It usually takes about one month. After service is completed and the defendant is required to “answer” the Complaint within a set date, which is usually 30 days. The answer will reveal whether the defendant denies or admits the allegations contained in the Complaint. In this phase your lawyer will submit medical records, documents as well as other evidence to prove your argument. The lawyer for the defendant will provide an answer to these documents and the two parties will then engage in further discussions. If the parties are unable to come to an agreement, mediation or arbitration could be required before trial can begin. A large portion of personal injury cases are settled outside of court. Your lawyer must first pay any businesses with liens on your monetary award through a specialized escrow fund before issuing you a check.