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How Personal Injury Lawsuits Work Personal injury lawsuits are civil litigation over compensation for losses or injuries. These cases often involve a party who is at the fault (defendant) and an injured party referred to as the plaintiff. Your lawyer will go through your medical records and other documents to determine the extent of your injuries, the costs and damages. This will help them prepare and negotiate on your behalf with the insurance company. Damages When a plaintiff wins in a personal injury lawsuit the court gives the plaintiff a sum of money to cover damages. youtube.com can be awarded as an amount in one lump sum or spread over a period of time, as part if a structured settlement. These funds are known as compensatory damages. There are two types: special and general. Special damages are expenses that can be itemized and are measurable for example, medical expenses and lost wages. General damages are difficult to put a dollar amount on, such as the suffering and pain, and the loss of enjoyment of life. Keeping a journal detailing how your injuries have affected you can help improve the odds of obtaining the most money for damages that are not economic. This includes the impact on your relationships, your daily pain levels and bouts of mental anxiety and how injuries affect your ability to participate in activities that you used to take for taken for granted. In a lot of personal injury cases, more than one defendants are at fault. This is most common when a business or an individual is guilty of gross negligence, fraud, and criminal intent. The court can also award punitive damages to discourage others from doing the same thing. Once a lawsuit is filed and the defendants are served with a summons and complaint. The defendants must respond (also known as an answering) within 30 days. Typically, defendants will deny the allegations in the complaint. Once the answer is filed, the case will enter a fact-finding stage known as discovery. This is where the parties exchange pertinent information and evidence, which includes taking depositions under the oath. This is the majority of the timeline for personal injuries. Statute of limitations If you file a lawsuit for injury after the statute of limitations expires, it's likely that you will lose your right to receive damages. It is crucial to speak with an attorney for personal injuries as soon as you can even if you're unsure certain whether the incident occurred before the deadline. A statute of limitation is a law in a state that establishes a deadline for filing an action. In many states the statute of limitations runs on the date of the accident or incident that caused your injuries. The time limit to file a lawsuit is dependent on the person you are seeking to sue. For example, if you want to sue a municipal government entity (such as a city or county), the deadline is significantly shorter. There are other situations that may change the statute of limitation in your case. If you were exposed to toxic substances or were the victim of medical malpractice, for instance the statute of limitations may begin when you discover or ought to have known that your injuries are due to negligence. In some cases, the statute of limitations is tolled for minors. If you file an injury claim after the time limit has expired the defendant will most likely point this out to the court and ask for your lawsuit to be dismissed. In this scenario the court will dismiss your claim without a hearing. It is essential to contact an attorney who specializes in personal injury as soon as you can to discuss your situation and determine if you can make a legal claim. Complaint A complaint is a formal legal document filed by a party who claims a cause of action and demands judicial relief. The complaint should also specify the kind of compensation that the plaintiff seeks. The defendant is then required to respond within a specific timeframe. In general the case, a defendant will deny the claim. If the defendant does not respond, a default judgment could be granted to the petitioner's behalf. In most cases, personal injury claims involve actual bodily injury. Your attorney will make sure that you get paid for medical bills currently incurred and any future costs. These costs include medical expenses or home care as well as physical therapy. In addition, you can claim for any loss of quality of life that is caused by your injuries. This includes the inability to sleep, drive or walk normally. This kind of damage is known as suffering and pain. The court will call the preliminary conference after the complaint is filed. This will be used to schedule any required physical or oral examinations, as well as the production of any documents. After the conference, your lawyer will prepare a Bill of Particulars. This is a detailed description of your injuries. It will include all the losses you have suffered including the cost of your present and future medical expenses, lost earnings and property damage. Your lawyer will also outline the grievous emotional distress, disfigurement, loss of enjoyment of life, and any other damages that you seek. If your case is determined to be a probable cause you will be scheduled for an open 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 are able to appeal the decision. Summons The formal lawsuit begins with the issue of a summons. The plaintiff file a complaint with the court and then sends the defendant a copy via registered or certified mail within a specific time. The defendant must respond or risk a default judgement against them. Your New York City personal injuries attorney will prepare an Bill of Particulars that outlines the damages and injuries sustained by you in greater depth. It could include photos of your injuries, medical bills and lost wages. The document also includes information about the accident and how you believe the defendant is accountable for the harm. In the middle of a lawsuit called “discovery,” each party has the opportunity to ask questions and look over the evidence of the other party. The representatives of the defendant will want to be armed with all the information they need prior to making settlement offers, so your attorney will play a crucial role in negotiations during this phase. Your lawyer may also request to see you by a doctor they choose in connection with the damages or injuries you're claiming. If you do not show up, the court may dismiss your case. Also, the court may order you to pay for the defendant's exam costs. After discovery and inspection have been completed, the lawyers on both sides may file something called an “Notice of Issue” and a “Statement of Readiness for Trial.” This informs the court that your case is prepared to go to trial. The judge will then set the date for the trial. During the trial, a jury will decide whether the defendant is responsible for the accident and injuries. If the defendant is responsible, the jury may award you damages. If the defendant is not accountable, the jury will deny your claim. Trial Personal injury claims can cover a wide range injuries, such as emotional distress, wrongful deaths (libel or slander) and physical injury caused by accidents such as car crashes and falls. A lawsuit can also be filed for injuries that are not physical such as discomfort and pain and loss of companionship. Your lawyer will conduct an investigation regarding your accident in the beginning stages of the investigation to determine the exact cause and extent of your injuries. The lawyer will then engage with the insurance company of the party who is at the fault. Your attorney will keep in contact with you regarding any significant developments and discussions throughout the process. After 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, alleges wrongdoing, and requests compensation. The defendant must be personally served with the complaint, which is to say it must be physically delivered to him or her. It typically takes approximately a month. After service, the defendant has 30 days to “answer” the Complaint. The answer will tell you if the defendant denies or accepts the allegations in the Complaint. During this phase your lawyer may submit documents, medical records, and other evidence in support of your case. The defendant's lawyer will submit a response to these documents and the two sides will then engage in further discussions. If the parties are unable to reach an agreement, mediation or arbitration may be required before your case goes to trial. A large portion of personal injury cases are settled out of court. Once a settlement is reached, your lawyer has to pay any businesses that have lien on the money settlement through a specific account for escrow before he or she will write you a check.