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How Personal Injury Lawsuits Work A personal injury lawsuit is a civil battle over monetary compensation for injuries and losses. These lawsuits typically involve a person at the fault (defendant) and an injured party known as the plaintiff. Your lawyer will review all of your medical records along with other documentation, in order to determine the totality and cost of your injuries and the damages. This will allow them to prepare and negotiate on your behalf with the insurance company. Damages When a plaintiff wins in a personal injury claim the judge gives the plaintiff money to pay damages. The funds can be awarded in one lump sum or distributed over time as part of a structured settlement. These funds are referred to as compensatory damages. There are two types: general and special. Special damages are measurable costs that can be categorized, such as medical bills and lost earnings. General damages are harder to place a dollar value on, such as suffering and suffering, as well as loss of enjoyment. Keep a journal to document how your injuries affected your life. This increases your chances of receiving maximum compensation for noneconomic damages. These include the effects on your relationships, daily pain levels and bouts of mental anxiety, and how injuries affect your ability to participate in the activities you used to take for granted. In a lot of personal injury cases, multiple defendants are responsible. This is most common when a business or person commits criminal intent, fraud and gross negligence. The court may also award punitive damage to discourage others from doing the same thing. Once a lawsuit is filed the defendants will be served with a summons and complaint. They will then be required to file a response which is also known as an answer within 30 days. Usually, the defendants will deny the allegations made in the complaint. Once the answer is filed the case will move to an investigation stage, known as discovery. This is when the parties exchange pertinent information and evidence, including depositions under oath. This phase takes up the majority of the timeline for personal injuries. Statute of limitations If you file a lawsuit for injury after the statute of limitations has expired, you will likely lose the right to claim damages. It is important to consult an attorney for personal injuries as soon as possible even if you're unsure sure whether the accident occurred within the deadline. A statute of limitations is a law in a state that sets a time limit on the amount of time you must file an injury lawsuit. In the majority of states, a statute of limitations begins the date that the accident or incident led to your injuries. The time limit for filing a lawsuit for injury also depends on who you are seeking to sue. For example, if you are seeking to sue a municipal government entity (such as a city or county), the deadline is significantly shorter. Additionally there are certain circumstances which could change 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 could begin when you realize or ought to have known that your injuries are the result of negligence. In certain 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 will likely inform the court of this and ask that your lawsuit be dismissed. If this occurs, the court will summarily dismiss your claim without hearing. It is essential to contact an attorney for personal injuries immediately to discuss your case and determine if you have a legal claim. Complaint A complaint is a legal document filed by a plaintiff that asserts a cause of action and demands judicial relief. The complaint must also state the kind of compensation that the plaintiff seeks. The defendant is then required to respond within a specific time period. You Tube will usually reject the claim. If the defendant does not respond, default judgment can be made in favor of the petitioner. In the majority of cases, personal injury claims involve actual bodily injury. Your lawyer will ensure that you receive compensation for medical bills currently incurred and any future expenses. This includes things like medications or home care, as well as physical therapy. In addition, you can claim compensation for any loss in quality of life that is caused by your injuries. This includes things like being unable to drive, sleep or walk normally. This type of damage is known as pain and suffering. When a complaint is made, the court will hold a preliminary conference to set the date for the mandatory oral and physical examinations as well as any document production. Your lawyer will then draft a Bill of Particulars. It will provide a full description of your injuries. It will include all the losses you have suffered, including the costs of your current and future medical bills, lost earnings and property damage. Your lawyer will outline any emotional distress, disfigurement, or loss of enjoyment in your life and any other damages not monetary you're seeking. If your case is found to be a probable cause you will be scheduled for an open hearing. If your complaint is rejected due to a finding of no probable cause or because the court does not have jurisdiction, you can appeal the decision. Summons The formal process of a lawsuit begins with a summons and a complaint. The plaintiff file the complaint with an appropriate court and then sends a copy of the document to the defendant via registered or certified mail within a specific timeframe. The defendant has to respond, or else risk default judgment against them. Your New York City personal injuries attorney will file a Bill of Particulars that outlines the injuries and damages suffered by you in more specific detail. It could include photographs of your injuries, medical expenses and lost wages. It also contains details about the incident and the manner in which the defendant is responsible for your harm. During the middle part of a lawsuit referred to as “discovery,” each party is allowed to ask questions and look over evidence held by the other party. Your lawyer will be crucial in this stage of negotiations since the defendant's representatives want complete information before they make settlement offers. Your lawyer may also request that you are examined by a doctor they choose in relation to the injuries or damages you're claiming. If you fail to take part, the judge may dismiss your case or require that you pay the defendant the costs of their examination. After the discovery and inspection process is completed, the lawyers on each side can file a document known as an “Notice of Issue” and a “Statement of Readyness for Trial.” This informs the court that your case is prepared to go to trial. The judge will then decide on a trial. During the trial the jury will decide whether the defendant is responsible for the accident and your injuries. If the defendant is at fault the jury could award you damages. If the defendant is not accountable and the jury denies your claim. Trial A personal injury claim encompasses a range of injuries, including wrongful death; emotional distress (libel and slander) as well as physical injuries caused by accidents such as car crashes and falls. A lawsuit could also be filed for physical injuries 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 to fully understand what happened and the magnitude of your damages. He or she will then negotiate with the insurance company of the party who is at fault. Your attorney will stay in contact with you regarding any significant developments and discussions throughout the process. After negotiations have failed, your lawyer will submit a formal complaint to court against the defendant. A Complaint, which is the first official document of a civil suit, identifies all parties, details the incident and lays out allegations of wrongdoing. It also requests compensation. The complaint must be served personally, which means that it must be delivered physically to the defendant. It usually takes about one month. After service, the defendant has 30 days to “answer” the Complaint. The answer is whether the defendant acknowledges the allegations in the Complaint or denies them. In this phase your lawyer could submit medical records, documents and other evidence to back your case. The lawyer for the defendant will provide an answer to these documents and the two sides will then engage in further discussions. If the parties can't come to an agreement, mediation or arbitration could be required prior to the trial can be held. However, a substantial portion of personal injury cases settle out of court. After a settlement has been reached, your lawyer must pay any companies with liens on the monetary settlement through a specific escrow account before he or they can issue an official check.