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How Personal Injury Lawsuits Work A personal injury lawsuit is a civil battle over the amount of compensation for injuries and losses. The cases typically involve a party who is at the fault (defendant) and an injured party, referred to as the plaintiff. Your attorney will examine your medical records and other documentation to understand the full extent of your injuries, the costs and damages. This will allow them to prepare and negotiate with the insurance company for you. Damages When a plaintiff wins in a personal injury case, the court awards the plaintiff a sum of money to cover damages. The money can be awarded as a lump sum or spread over a time period or as part of the settlement is structured. These funds are known as compensatory damages. There are two types of compensatory damages: general and special. Special damages are costs that can be categorized and quantifiable like medical expenses and lost wages. General damages are more difficult to place a dollar value on, like suffering and suffering, as well as loss of enjoyment of life. Writing down how your injuries have affected you can help improve your chance of winning maximum compensation for non-economic damages. This includes the impact on your relationships, your pain levels on a daily basis as well as mental anxiety and your ability to complete activities you used to take for granted. In many personal injury lawsuits there are multiple defendants. This is especially common when a business or an individual commits reckless negligence, fraud, and criminal intention. The court may also give punitive damages to discourage others from acting in the same way. After a lawsuit has been filed and the defendants are served with a summons and complaint. They are then required to respond or answer, within 30 days. Typically, defendants will deny the allegations made in the complaint. After the answer has been filed, the case moves to an investigation known as discovery. Both parties will exchange information and evidence during this phase and may even conduct depositions. This is the majority of a personal injury timeline. Statute of limitations If you bring a lawsuit to recover for injuries after the statute of limitation expires, it is likely that you will lose your right to receive damages. It is important to consult an attorney for personal injuries as soon as you can even if you're unsure certain whether the incident occurred within the time frame. A statute of limitations is a law in a state that sets a time limit on how long you can file an injury lawsuit. In many states, a statute of limitations starts on the date of the incident or incident led to your injuries. The deadline to file a lawsuit for personal injuries also varies depending on the person you're suing. For example, if you want to sue a municipal government agency (such as a county or city) the deadline is shorter. In addition, there are certain situations that can change the statute of limitations in your particular case. If you were exposed toxic substances or suffered from medical malpractice, for instance, the statute of limitation could begin when you realize or ought to have known that your injuries are due to negligence. In certain instances the statute of limitations is tolled for minors. If you file an injury claim after the statute of limitation has expired Your defendant is likely to tell the court about this and request to dismiss your claim. If this occurs, the court could dismiss your claim in a sweeping manner without hearing. This is why it's crucial to consult an experienced personal injury lawyer early to discuss your case and determine whether you have a valid legal claim. Complaint A complaint is a formal legal document filed by a plaintiff which declares an actionable cause, and a demand for the judicial remedy. The complaint must also state what kind of compensation the plaintiff seeks. You Tube is then required to respond within a certain time frame. A defendant is likely to reject the claim. If the defendant does not respond to the claim, a default judgement may be entered in favor of the petitioner. Most personal injury claims can result in bodily harm. Your attorney will make sure that you get paid for the medical bills you are currently paying and any future costs. These include things like medication as well as home care and physical therapy. You can also claim for any loss of quality of life caused by your injuries. This includes things like the inability to drive, sleep or walk normally. This type of damages is referred to as pain and suffering. The court will schedule an initial conference once the complaint is filed to schedule any mandatory physical or oral examinations, and also the production of any documents. Your lawyer will then prepare a Bill of Particulars. It is a comprehensive account of your injuries. This will include the losses you have suffered including future and present medical costs as well as lost wages and property damage. Your lawyer will also describe the possible emotional distress or disfigurement, loss of enjoyment of life and any other damages that are not monetary you're seeking. If the case is found to have probable cause the case will be scheduled for public hearing. If the complaint is dismissed as a result of a ruling that there is no probable cause or because the court does not have jurisdiction, you can appeal the decision. Summons The formal lawsuit process starts with a summons and complaint. The plaintiff file the complaint with the court and then sends a copy of the document to the defendant through registered or certified mail within a certain time frame. The defendant must respond or risk a default judgment against them. Your New York City personal injury attorney will submit a Bill of Particulars, which details the injuries and damages you've suffered more fully. It could include photographs of your injuries, medical expenses and lost wages. The document will also contain information about the incident and how you think the defendant is responsible for the harm. 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 will be important in this phase of negotiations since the representatives of the defendant want to have complete information before they make settlement offers. Your lawyer can also ask to have you examined by a physician they select for the injuries or damages you're claiming. If you don't take part, the judge may dismiss your case or require that you pay the defendant the costs of their examination. After discovery and inspection have been completed, attorneys on both sides can file a document known as an “Notice of Issue and Statement of Readiness for Trial.” This informs the court that your case is now ready to go to trial. The judge will then schedule a trial. During the trial, a jury will decide whether the defendant is at fault for the accident and your injuries. If the defendant is at fault, the jury may award you damages. If the defendant is not accountable and the jury decides to deny your claim. Trial Personal injury claims can cover a wide range injuries, such as wrongful death, emotional distress (libel or slander), and physical harm caused by accidents such as car crashes and falls. In addition, lawsuits may also be filed over non-physical injuries like suffering and pain, as well as loss of companionship. In the initial stages of your case the lawyer will investigate the accident to determine what occurred and the extent of your damages. Then, he or she will work with the insurance company. Your lawyer will keep you up-to current on any negotiations and important developments throughout the process. Once negotiations have failed, your lawyer will file a formal complaint in court against the defendant. A complaint is the first official document in a civil lawsuit that names the parties, explains the incident, argues for wrongdoing, and requests compensation. The defendant must be personally served with the complaint, which means that it must be physically delivered to the defendant. It usually takes about one month. After service, the defendant has 30 days to “answer” the Complaint. The answer will tell you if the defendant denies or admits the allegations made in the Complaint. During this stage your lawyer will submit medical records, documents and other evidence to back your argument. The lawyer representing the defendant will respond to these documents and the two sides will begin discussions. If the parties can't reach an agreement, then mediation or arbitration could be required before a trial can take place. However, a substantial portion of personal injury cases settle outside of court. Your lawyer must first pay any company that have liens on your award from a specific account before distributing the check.