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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 person at the fault (defendant) and an injured party, referred to as the plaintiff. Your attorney will examine your medical records and other documents to understand the full extent of your injuries, expenses and damages. This will assist them in preparing and negotiate with the insurance company for you. Damages If a plaintiff is successful in a personal injury case, the courts award them funds to cover their losses. 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: special and general. Special damages are those that can be categorized and quantifiable for example, medical expenses and lost wages. General damages, such as pain and discomfort and loss of enjoyment of life are more difficult to quantify. Keep a journal in which you can record the way your injuries affected you. This will increase your chances of receiving the maximum amount of compensation for noneconomic damages. These include the effects on your relationships, your daily pain levels, and episodes of mental anguish and how your injuries affect your ability to engage in activities that you used to take for granted. In a lot of personal injury cases, multiple defendants are at fault. This is most common when a business or individual is guilty of criminal intent, fraud and gross negligence. The court may also make punitive damages in order to discourage others from acting in the same way. The defendants will receive an order with a complaint after the lawsuit has been filed. They must respond or answer, within 30 days. Usually, the defendants deny the allegations made in the complaint. After the answer is filed and the case is referred to as a fact-finding stage known as discovery. The parties will exchange information and evidence during this stage including depositions. This is the stage that accounts for 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 has expired you could lose your right to recover damages. That's why it's crucial to speak with an attorney who specializes in personal injury to discuss your case early, even if you are not sure if the accident occurred within the timeframe. 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 injury also depends on the party you are suing. For example, if you would like to sue a local government entity (such as a city or county) the deadline is much shorter. There are other situations which could change the statute of limitation in your situation. If you were exposed toxic substances or suffered from medical malpractice, for instance the statute of limitations may begin when you discover or reasonably ought to have realized that your injuries are due to negligence. In some cases, the statute of limitations may be tolled for minors. If you make a claim for injury after the statute of limitation has expired Your defendant is likely to inform the court of this and ask that your lawsuit be dismissed. If this occurs, the court could dismiss your claim on the spot without hearing. This is why it's important to consult an experienced personal injury lawyer early to discuss your case and determine if you have a viable legal claim. Complaint A complaint is a formal legal document that is filed by a person who alleges a cause for action and seeks legal relief. The complaint should also state the type of compensation that the plaintiff seeks. The defendant must then respond within a set timeframe. A defendant is likely to reject the claim. If the defendant fails to respond to the claim, a default judgment could be granted for the petitioner. Personal injury claims are usually founded on bodily injury. Your lawyer will ensure that you receive compensation for medical bills currently incurred as well as any future expenses. These include things like medication as well as home care and physical therapy. Additionally, you can claim compensation for any loss in quality of life that is caused by your injuries. This includes the inability to sleep, drive or walk normally. This type of damages is referred to as suffering and pain. When a complaint is filed and the court is notified, they will hold a preliminary meeting to schedule the mandatory oral and physical examinations as well as any document production. Your lawyer will then prepare an Bill of Particulars. It is a comprehensive description of your injuries. This will include the losses you have suffered including your current and future medical expenses loss of wages, as well as property damage. Your lawyer will detail any emotional distress, disfigurement or loss of enjoyment in life, as well as any other damages not monetary you're seeking. If your case is deemed to be probable cause, you will be scheduled for an open hearing. If the complaint is dismissed because of a ruling that there is no probable cause or because the court does not have jurisdiction, you may appeal the decision. Summons The formal lawsuit process begins with a summons as well as a complaint. The plaintiff file the complaint with an appropriate court and then sends a copy of the document to the defendant through certified or registered mail within a certain timeframe. The defendant must respond or risk a default judgement against them. Your New York City personal injury attorney will file a Bill of Particulars, which details the damages and injuries you've suffered in greater detail. It could include photographs of your injuries, medical bills and lost wages. view it now contains details about the accident and how you believe the defendant is accountable for the harm. In the middle of a lawsuit referred to as “discovery,” each party is allowed to ask questions and examine evidence that is held by the other party. The representatives of the defendant will want to have all the facts before making settlement offers, and your attorney plays a significant role in negotiations during this time. Your lawyer can also ask to have you examined by the doctor of their choice in relation to the damages and injuries you're seeking. If you do not attend, the court could dismiss your case. Or order that you pay for the doctor's examination costs. After the discovery and inspection, attorneys from both sides may file a document called “Notice of Issue & Statement of Ready for Trial” to inform the court that their case is prepared for trial. The judge will then decide on a trial. During the trial, the jury will determine if the defendant is accountable for the accident and the injuries you sustained. If the defendant is accountable and the jury awards you damages. If the defendant isn't liable, the jury will reject your claim. Trial Personal injury lawsuits can cover a wide range injuries, such as emotional distress, wrongful deaths (libel or slander), and physical harm from accidents, such as car crashes and falls. Additionally, lawsuits can also be filed to address physical injuries, such as pain and suffering and loss of companionship. In the beginning of your case, your lawyer will research your accident to fully understand what happened and the magnitude of your injuries. Then, he will work with the at-fault party's insurance company. Your lawyer will stay in contact with you regarding any significant developments and discussions throughout the entire process. If negotiations fail, your lawyer will file a formal complaint in the court against the defendant. A Complaint, the first official document of a civil suit, identifies all parties, outlines the incident and alleges wrongdoing. It also demands compensation. The defendant must be personally served with the complaint, which is to say it must be physically delivered to him or her. It usually takes about approximately a month. After service, the defendant is given 30 days to “answer” the Complaint. The answer will tell you if the defendant denies or acknowledges the allegations contained in the Complaint. At this point your lawyer will submit medical records, documents and other evidence to back your argument. The lawyer for the defendant will provide a response to these documents, and the two sides will then engage in further 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. However, a large percentage of personal injury cases settle outside of court. Once a settlement is reached, your lawyer must pay any companies with lien on the money settlement out of a separate account in escrow before he/ they can issue a check.