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How Personal Injury Lawsuits Work Personal injury lawsuits are civil litigation over the compensation for losses or injuries. The cases typically involve a person at fault (defendant) and an injured party referred to as the plaintiff. Your attorney will examine your medical records and other documents to assess the full extent of your injuries, the costs and damages. 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 courts award them money to pay for their damages. The funds may be awarded in lump sums or spread out over a period of time, as part if the settlement is structured. These funds are also known as compensatory damages. There are two types of compensatory damages: special and general. Special damages are expenses which can be listed and quantifiable, such as medical expenses and lost wages. General damages are harder to quantify a dollar amount on, such as suffering and suffering, as well as loss of enjoyment. Keep a diary to record how your injuries impacted you. This will increase your chances of receiving the maximum amount of compensation for the non-economic damages. This includes the impact on your relationships, daily pain levels, and episodes of mental anguish and how injuries affect your ability to participate in activities you once took for granted. In many personal injury lawsuits there are many defendants. click the following post is especially common when a person or business commits gross negligence, fraud, and criminal motives. The court can also award punitive damages to deter others from committing the same manner. Once a lawsuit is filed the defendants will be served with a summons and complaint. They must submit a response, also known as an answer within 30 days. Typically, defendants will deny the allegations made in the complaint. After the answer is filed, the case enters a stage of fact-finding known as discovery. The parties will share information and evidence during this phase including depositions. This is the stage that accounts for the majority of the time in a personal injury lawsuit timeline. Statute of limitations If you file an injury lawsuit after the statute of limitations expires the statute of limitations will expire and you'll likely lose the right to claim damages. This is why it's important to consult a personal injury lawyer about your case early, even if you are not certain if the incident occurred before the deadline. A statute of limitation is a state law which provides a time frame for filing lawsuits. In many states the statute of limitations begins on the date on which the accident or incident caused your injuries. The deadline to file a lawsuit for personal injuries also varies depending on the person you are suing. If you want to sue an entity of municipal government (such as city or county) the deadline will be shorter. In addition there are certain circumstances that could alter the statute of limitations in your case. For instance, if were exposed to harmful substances or suffered medical negligence, the time limit may begin when you discover or should have realized that your injuries were caused by negligence. In some cases, the statute of limitations can be tolled for minors. If you file an injury claim after the statute of limitations has expired Your defendant is likely to inform the court about this and request that your lawsuit be dismissed. In this instance, the court will dismiss your claim in a hurry without a hearing. It is crucial to speak with a personal injury lawyer as soon as you can to discuss your case to determine if you can make a legal claim. Complaint A complaint is an official legal document filed by a party who claims a cause of action and seeks the judicial remedy. The complaint must also state the kind of compensation that the plaintiff is seeking. The defendant must then respond within a set time frame. A defendant is likely to decline to respond. If the defendant fails to respond to the claim, a default judgement may be entered in favor of the petitioner. Personal injury claims are generally founded on bodily injury. Your attorney will make sure that you receive compensation for medical bills currently incurred and any future expenses. These include things like medication or home care, as well as physical therapy. You can also claim any loss in quality of life resulted from your injury. This includes the inability to sleep, drive or walk normally. This type of damages is referred to as suffering and pain. If a complaint is filed and the court is notified, they will hold a preliminary conference to set the date for mandatory physical and oral examinations, as well as any document production. Following the conference your lawyer will draft a Bill of Particulars. It is a comprehensive report of your injuries. It will include your losses including your future and current medical expenses as well as lost wages and property damage. Your lawyer will detail any emotional distress, disfigurement or loss of enjoyment in life and any other damages not monetary you are seeking. If the case is deemed to have probable cause, your case will be scheduled for an open hearing. If your complaint is dismissed because of a determination of no probable cause or because the court lacks jurisdiction, you can appeal the decision. Summons The formal lawsuit process begins with a summons and complaint. The plaintiff file a complaint with the court and sends the defendant a copy via certified or registered post within a certain time frame. The defendant must respond or risk default judgment against them. Your New York City personal injury attorney will submit an Bill of Particulars, which sets out the damages and injuries you've suffered more fully. This may include photos of your injuries, medical expenses and lost wages. It also contains details about the accident and how the defendant is responsible for the harm you suffered. During the middle part of a lawsuit, also known as “discovery,” each party is allowed to ask questions and examine the evidence of the other party. The defendant's representatives will need to be armed with all the information they need prior to making settlement offers, so your attorney plays a significant role in negotiations during this phase. Your lawyer can also request to have you examined by any doctor they choose in relation to the damages and injuries you're seeking. If you do not show up, the court may dismiss your case. Or, they may require that you pay for the doctor's examination costs. After a discovery and inspection, attorneys from both sides can file a form called “Notice of Issue & Statement of Ready for Trial” to inform the court that their case is prepared for trial. The judge will then set the date for a trial. During the trial the jury will determine if the defendant is at fault for the accident and your injuries. If the defendant is liable for the accident, the jury will award you damages. If the defendant is not accountable, the jury will deny your claim. Trial A personal injury lawsuit can result in a variety of injuries which include wrongful deaths; emotional distress (libel and slander) and physical injury caused by accidents such as car crashes and falls. A lawsuit can also be filed for non-physical injuries like discomfort and pain and loss of companionship. Your lawyer will conduct an investigation on your accident in the initial stages of the case to determine the precise cause and extent of your injuries. Then, he will work with the insurance company of the at-fault company. Your attorney will keep you informed and up to current on any negotiations and significant developments throughout this process. After negotiations are unsuccessful the lawyer will file an official complaint in a court against the defendant. A complaint, the first official document filed in a civil suit, lists all parties, outlines 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 delivered physically to him or her. It usually takes about one month. Once service is complete and the defendant is required to “answer” the Complaint within a set time frame, which is typically 30 days. The answer explains whether the defendant acknowledges the allegations in the Complaint or denies them. During this time your lawyer will be able to submit medical records, documents, and other evidence in support of your case. The attorney representing the defendant will respond to these documents and the two sides will start discussions. If the parties are unable to come to an agreement and mediation or arbitration might be required prior to your case can go to trial. A large portion of personal injury cases are settled outside of court. Your lawyer must first pay any companies that have liens on your award from a specific account before distributing an actual check.