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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. In these instances the defendant is typically the one responsible for the incident. The plaintiff is usually the victim. Your lawyer will go through your medical records and other documentation to determine the extent of your injuries, 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 court will award them money to pay for damages. The funds may be awarded in an amount in one lump sum or spread over a time period in the settlement is structured. These funds are also known as compensatory damages. There are two kinds of compensatory damages: special and general. Special damages are those that can be quantified that can be itemized like medical bills and lost earnings. General damages are harder to quantify a dollar amount on, like suffering and suffering, as well as loss of enjoyment. Writing down how your injuries have affected your chance of winning the most money for damages that are not economic. This includes the effect 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 most common when a person or business acts with the most blatant negligence, fraud and criminal motives. The court can also award punitive damages to deter other people from acting in the same way. When a lawsuit is filed the defendants will be served with a summons and complaint. They will then be required to respond, also known as an answer, within 30 days. Usually, defendants deny the allegations made in the complaint. After the answer has been filed, the case enters a stage of fact-finding known as discovery. The parties will share information and evidence in this stage, including taking depositions. You Tube for the majority of the time in a personal injury lawsuit timeline. Statute of limitations If you file a lawsuit for injury after the statute of limitations expires, you will likely lose your right to recover damages. It is crucial to speak with an attorney for personal injuries as soon as you can even if you're unsure sure whether the accident occurred before the timeframe. A statute of limitations is a law in a state that sets a time limit on the amount of time you have to bring a lawsuit for injury. In the majority of states, a statute of limitations starts on the date that the accident or incident caused your injuries. The deadline to file a lawsuit also depends on the party you are seeking to sue. If you intend to sue an entity that is a part of the municipal government (such as a county or city), the deadline will be shorter. Additionally there are certain circumstances that could alter the statute of limitations in your case. For example, if you were exposed to toxic substances or suffered medical negligence The statute of limitations could begin when you realize or should have realized, that your injuries were the result of negligence. In certain instances, minors are exempt from the statute of limitation. If you file a personal injury claim after the statute of limitations has expired the defendant will likely inform the court and request your lawsuit to be dismissed. If this occurs, the court will summarily dismiss your claim without hearing. This is why it's crucial to speak with a seasoned personal injury lawyer early on to discuss your case and determine whether you have a valid legal claim. Complaint A complaint is a legal document filed by a person who alleges an action, and a demand for legal relief. The complaint should also define the type of compensation that the plaintiff is seeking. The defendant is then required to respond within a specific time period. A defendant will usually decline to respond. If the defendant does not respond, a default judgment may be made in favor of the petitioner. Personal injury claims are typically founded on bodily injury. Your attorney will ensure that you get paid for the medical bills you are currently paying and any future costs. These expenses include medication or home care as well as physical therapy. Additionally, you can claim compensation for any loss in quality of life caused by your injuries. This includes things such as the inability to walk, sleep or drive normally. This kind of injury is referred to as suffering and pain. The court will call a preliminary conference when the complaint is filed to schedule any mandatory physical or oral examinations, as well as the production of any documents. Your lawyer will then prepare the Bill of Particulars. This is a thorough description of your injuries. It will include all your losses including the cost of your current and anticipated future medical bills, lost earnings and property damage. Your lawyer will detail any emotional distress, disfigurement, or loss of enjoyment as well as any other damages that are not monetary that you seek. If your case is found to be a 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 can appeal the decision. Summons The formal process of a lawsuit begins with a summons as well as a complaint. The plaintiff submits the complaint to the court and then sends a copy of the document to the defendant via certified or registered mail within a specific time frame. The defendant must respond or risk default judgment against them. Your New York City personal injury attorney will submit a Bill of Particulars, which describes the damages and injuries you've suffered in greater detail. It may include photographs of your injuries, medical bills, and lost wages. It may also include details of the incident and the manner in which the defendant is accountable for your harm. In the middle of a lawsuit, also known as “discovery” the parties is able to ask questions and look over evidence presented by the other party. The defendant's representatives will need to have complete information before making settlement offers, and your attorney will play an important role in negotiations during this stage. Your lawyer may also request that you undergo an examination by any doctor they choose regarding the injuries and damages you're claiming. If you do not attend, the court could dismiss your case. Or, they may require that you pay for the defendant's exam costs. After the discovery and inspection process is completed, attorneys on each side can submit a document referred to as an “Notice of Issue” and a “Statement of Readiness for Trial.” This informs the court that your case is now ready to go to trial. The judge will then set the date for a trial. During the trial, a jury will determine if the defendant is at fault for the accident and injuries. If the defendant is accountable for the accident, the jury will award you damages. If the defendant is not at fault then the jury will deny your claim. Trial Personal injury claims can cover a wide variety of injuries, including emotional distress, wrongful deaths (libel or slander), and physical harm from accidents, such as car crashes and falls. Additionally, lawsuits can also be filed for physical injuries, such as suffering and pain, as well as loss of companionship. In the early stages of your case your lawyer will conduct a thorough investigation of the accident to determine what occurred and the extent of your damages. Then, he or she will work with the at-fault party's insurance company. Your attorney will keep you informed and up to date on any negotiations and important developments throughout the process. After negotiations don't work, your lawyer will file an official complaint in a court against the defendant. A Complaint, which is the first official document filed in civil lawsuits, names all parties, details 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 the defendant. This typically takes about a 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 will reveal whether the defendant denies or acknowledges the allegations in the Complaint. At this point your lawyer will submit documents, medical records and other evidence to back your case. The lawyer representing the defendant will respond to these documents and then the two sides will begin negotiations. If the parties are unable to reach an agreement and mediation or arbitration might be required prior to your case goes to trial. However, a substantial portion of personal injury cases settle outside of court. After a settlement has been reached, your lawyer has to pay any businesses that have lien on the settlement through a specific escrow account before he or she will write you a check.