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How Personal Injury Lawsuits Work A personal injury lawsuit is a civil battle regarding compensation for financial losses and losses. These lawsuits typically involve a person who is at fault (defendant) and an injured party, referred to as the plaintiff. Your lawyer will review all of your medical records along with other documents, to determine the totality and cost of your injuries and the damages. This will assist them in preparing and negotiate with the insurance company for you. Damages If a plaintiff prevails in a personal injury lawsuit the judge awards the plaintiff a sum of money to cover damages. These funds can be awarded in a lump sum or paid over time as part of a structured settlement. These funds are known as compensatory damages. There are two types of compensatory damages: specific and general. Special damages are those which can be listed and quantifiable for example, medical expenses and lost wages. General damages, such as discomfort and pain, and loss of enjoyment of living, are more difficult to quantify. Keep a journal to document how your injuries impacted you. This will increase your chances of receiving maximum compensation for noneconomic damages. This includes the effect on your relationships, your pain levels on a daily basis mental stress and your ability to do things you once took for granted. In many personal injury lawsuits there are multiple defendants. YouTube is especially true when a person or business acts with criminal intent, fraud or gross negligence. The court can also award punitive damages to deter others from acting in the same way. Once a lawsuit is filed and the defendants are served with a summons and complaint. They must respond which is also known as an answer, within 30 days. Usually, defendants will deny the allegations made in the complaint. Once the answer is filed, the case will enter an investigation stage, known as discovery. This is where both parties will share relevant information and evidence, which includes taking depositions under an oath. This is where you will find the majority of the time in the timeline of personal injury lawsuits. Statute of limitations If you file a lawsuit for injury after the statute of limitations runs out, you will likely lose your right to recover damages. That's why it is important to consult a personal injury lawyer about your case early even if not sure if the accident occurred before the deadline. A statute of limitations is a law of the state that sets a time limit on the time you can file an injury lawsuit. In the majority of states the statute of limitations starts on the date on which the accident or incident caused your injuries. The deadline for filing a lawsuit for personal injury also depends on the person you're seeking to sue. For instance, if are seeking to sue a municipal government entity (such as a county or city) the deadline is significantly shorter. In addition, there are certain situations that could alter the statute of limitations in your particular case. If you were exposed toxic substances or were the victim of medical malpractice, for example, the statute of limitation may begin when you discover or reasonably ought to have realized that your injuries are due to negligence. In certain cases minors are exempt from the statute of limitations. If you file a claim for injury after the statute of limitations has expired Your defendant is likely to tell the court about this and request to dismiss your claim. In this case the court will decide to dismiss your claim in a hurry without a hearing. It is crucial to speak with an attorney for personal injuries immediately to discuss your case to determine if you have an official claim. Complaint A complaint is an official legal document that is filed by a person who alleges a cause for action and demands judicial relief. The complaint should also state the type of relief the plaintiff is seeking. The defendant is then obliged to respond within a certain timeframe. In general the case, a defendant will deny the claim. If the defendant fails to respond to the claim, a default judgment could be entered in favor of the petitioner. In most cases, personal injury claims involve actual bodily harm. Your attorney will ensure that you are compensated both for medical bills currently incurred and any future costs. These include things like medication as well as home care and physical therapy. You can also claim for any loss in your quality of life resulted from your injury. This includes the inability to walk, drive or sleep normally. This kind of injury is referred to as pain and suffering. When a complaint is made, the court will convene a preliminary conference to plan mandatory physical and oral examinations as well as any document production. Your lawyer will prepare a Bill of Particulars. It is a comprehensive report of your injuries. It will include your losses including your future and current medical costs loss of wages, as well as property damage. Your lawyer will outline any emotional distress, disfigurement or loss of enjoyment and any other non-monetary damages that you seek. If the case is deemed to be probable cause your case will be scheduled for a public hearing. If the complaint is dismissed because of a determination that there is no probable cause, or because the court does not have jurisdiction, you may appeal the decision. Summons The formal lawsuit starts with a summons. The plaintiff files the complaint with an appropriate 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 risk a default judgment 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 more depth. It could include photographs of your injuries, medical expenses and lost wages. It also contains details about the accident and how the defendant is responsible for your harm. In the middle of a lawsuit referred to as “discovery,” each party is allowed to ask questions and look over the evidence of the other party. Your lawyer will be crucial in this stage of negotiations because the defendant's representatives want full information before making settlement offers. Your lawyer may also request that you be examined by the doctor of their choice regarding the injuries and damages you're claiming. If you don't attend, the court could dismiss your case. Or, they may require that you pay for the defendant's examination costs. Once discovery and inspection are completed, lawyers on each side can submit a document referred to as an “Notice of Issue and Statement of Readiness for Trial.” This informs the court that your case is ready to go to trial. The judge will then schedule the trial. During the trial the jury will determine if the defendant is responsible for the accident as well as the injuries you sustained. If the defendant is at fault, the jury may award you damages. If the defendant is not responsible then the jury will dismiss 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 pain and discomfort and loss of companionship. In the initial 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 losses. He or she will then engage with the insurance company of the party at the fault. Your lawyer will keep you up-to date on any negotiations and significant developments throughout this process. If negotiations fail and your lawyer is unable to resolve the issue, he will file a formal complaint in court against defendant. A complaint, the first official document of civil lawsuits, names all parties, describes the incident, and claims that there was wrongdoing. It also 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 typically takes a month. After service, the defendant will have 30 days to “answer” the Complaint. The answer explains whether the defendant is willing to admit the allegations in the Complaint or denies them. During this time your lawyer will be able to submit documents, medical records, and other evidence in support of your case. The lawyer representing the defendant will submit a response to these documents and the two sides will then engage in further discussions. If the parties cannot reach an agreement, mediation or arbitration may be required before the trial can be held. However, a substantial portion of personal injury cases settle out of court. Your lawyer must first pay any company with liens on your monetary award from a special money escrow before distributing the check.