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How Personal Injury Lawsuits Work Personal injury lawsuits are civil disputes involving the compensation for losses or injuries. please click the next site involve a person who is at fault (defendant) and an injured party referred to as the plaintiff. Your lawyer will go through your medical records, as well as other documentation, in order to determine the full extent and cost of your injuries 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 court awards the plaintiff money to pay damages. The funds may be awarded as a lump sum or spread over a period of time or as part of the settlement is structured. These funds are known as compensatory damages. There are two types of compensatory damages: specific and general. Special damages are the ones that can be quantified that can be itemized, such as medical bills and lost earnings. General damages, like pain and discomfort and loss of enjoyment of life, are more difficult to quantify. Keep a diary of how your injuries have affected your chance of winning maximum compensation for non-economic damages. This includes the impact on your relationships, pain levels throughout the day, mental anguish and your ability to perform activities you used to take for granted. In a lot of personal injury cases, multiple defendants are accountable. This is most common when a business or an individual commits reckless negligence, fraud, and criminal intention. The court may also award punitive damages to deter others from committing the same way. The defendants are served with a summons along with an accusation once a lawsuit is filed. The defendants must respond (also called an answer) within 30 days. Typically, defendants will deny the allegations made in the complaint. After the answer is filed and the case is referred to as the process of fact-finding, also known as discovery. The parties will share information and evidence in this stage and may even conduct depositions. This is the stage that accounts for the majority of time in the timeline of personal injury lawsuits. Statute of limitations If you file a lawsuit for injury after the statute of limitation expires, it's likely that you'll lose the right to damages. It is important to consult an attorney for personal injuries whenever you can, even if you're not certain whether the incident occurred before the time frame. A statute of limitations is a state law that sets a deadline on the time you must file an injury lawsuit. In many states, a statute of limitations begins on the date that the accident or incident led to your injuries. The deadline for filing a lawsuit for personal injury also depends on the person you are seeking to sue. For example, if you are seeking to sue a municipal government agency (such as a city or county), the deadline is much shorter. There are certain circumstances which could change the time limit in your situation. For instance, if were exposed to toxic substances or suffered medical malpractice, the statute of limitations could begin when you realize or should have realized, that your injuries were caused by negligence. In certain cases, minors are exempt from the statute of limitations. If you submit an injury claim after the statute of limitation has expired Your defendant is likely to inform the court about this and request to dismiss your claim. In this instance the court will decide to dismiss your claim 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 the judicial remedy. The complaint must also specify the kind of compensation the plaintiff is seeking. The defendant must then respond within a specified time frame. A defendant is likely to reject the claim. If the defendant fails to respond, a default judgment may be granted in favor of the petitioner. In the majority of cases, personal injury claims are based on actual bodily harm. Physical injuries can be very expensive, and your lawyer will work to ensure you receive compensation for any current medical bills, as well as any anticipated future expenses. These include things like medication, home care and physical therapy. You can also claim any loss in your quality of life that is resulted from your injury. This includes the inability to walk, drive or sleep normally. This type of damages is referred to as pain and suffering. If 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. After the conference, your lawyer will prepare the Bill of Particulars. It will provide a full description of your injuries. This will include the losses you have suffered including your future and current medical costs as well as lost wages and property damage. Your lawyer will also outline the possible emotional distress and disfigurement, the loss of enjoyment of life and any other non-monetary damages you are seeking. If the case is deemed to be a probable cause your case will be scheduled for a public hearing. If the complaint is dismissed as a result of a ruling that there is no probable cause, or because the court doesn't have jurisdiction, you may appeal the decision. Summons The formal lawsuit process begins with a summons as well as a complaint. The plaintiff files the complaint with an appropriate court and then sends a copy of the document to the defendant through certified or registered mail within a specific time frame. The defendant has to respond or risk a default judgment against them. Your New York City personal injury attorney will prepare an Bill of Particulars, which describes the injuries and damages you've sustained more fully. This may include photos of your injuries, medical expenses and lost wages. It may also include details of the incident and the manner in which the defendant is responsible for your harm. In the middle of a lawsuit called “discovery,” each party gets to ask questions and look over evidence that is held by the other party. Your lawyer will be 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 to have you examined by a doctor of their choosing regarding the injuries and damages you're claiming. If you fail to 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, the lawyers on both sides can file a document known as a “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 set the date for a trial. During the trial, the jury will decide if the defendant was responsible for the accident and the injuries you suffered. If the defendant is liable for the accident, the jury will award you damages. If the defendant isn't responsible, the jury will deny your claim. Trial A personal injury lawsuit can result in a variety of injuries that include wrongful death, emotional distress (libel and slander); and physical harm caused by accidents, such as car crashes and falls. In addition, lawsuits can also be filed to address non-physical injuries such as suffering and pain, as well as loss of companionship. In the initial stages of your case, your lawyer will research the accident to determine what happened and the magnitude of your injuries. He or she will then discuss the matter with the insurance company of the party who is at the fault. Your attorney will keep you up to date on any negotiations and significant developments throughout this process. If negotiations fail, your lawyer 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 lays out allegations of wrongdoing. It also seeks compensation. The defendant must be personally served with the complaint, which means it must be delivered physically to the defendant. It usually takes about one month. After service is completed, the defendant must “answer” the Complaint within a set time, which is usually 30 days. The answer will tell you if the defendant denies or acknowledges the allegations contained in the Complaint. During this time, your lawyer can submit documents, medical records and other evidence to support of your case. The defendant's lawyer will submit an answer to these documents and the two parties will continue to negotiate. If the parties cannot reach an agreement, then mediation or arbitration could be required before trial can begin. A significant number of personal injury cases are settled outside of court. When a settlement is reached, your lawyer has to pay any companies that have liens on the monetary settlement through a specific account in escrow before he/ will issue you an official check.