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How Personal Injury Lawsuits Work A personal injury lawsuit is a civil dispute over the amount of compensation for injuries and losses. In these cases the defendant is usually the person at fault. The plaintiff is typically the injured party. Your lawyer will go through all of your medical records and other documentation, to determine the full extent and cost of your injuries and damage. 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 pay for their damages. These funds can be awarded in a lump sum or distributed over time as part of a structured settlement. These funds are also known as compensatory damages. There are two kinds: general and special. Special damages are measurable costs that can be categorized for medical expenses and lost earnings. General damages are more difficult to quantify a dollar amount on, such as suffering and suffering, as well as loss of enjoyment of life. Keep a diary to record how your injuries impacted your life. This will increase your chance of receiving maximum compensation for the non-economic damages. This includes the impact on your relationships, daily pain levels, and episodes of mental anguish, and how your injuries affect your ability to take part in activities you once took for taken for granted. In many personal injury lawsuits there are multiple defendants. This is especially true when a business or person acts with fraud, criminal intent, and gross negligence. The court may also award punitive damages to deter others from acting in the same manner. Once a lawsuit is filed the defendants will be served with a summons and complaint. They must file a response which is also known as an answer within 30 days. Typically, defendants will not deny the allegations contained in the complaint. Once the answer is filed and the case is referred to as an investigation stage, known as discovery. This is where both parties will exchange relevant information and evidence, which includes taking depositions under an oath. This stage takes up the majority of a personal injury timeline. 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 crucial to speak with an attorney for personal injuries as soon as possible even if you're unsure certain if the incident occurred before the deadline. A statute of limitations is a law of the state that sets a deadline on the time you have to make an injury lawsuit. In most states, the statute of limitations runs on the date of the accident or incident that led to your injuries. The deadline to file a personal injury lawsuit also depends on the person you are suing. For instance, if are seeking to sue a municipal government agency (such as a county or city) the deadline is much shorter. Additionally there are certain circumstances that could alter the statute of limitations in your situation. For example, if you were exposed to toxic substances or suffered medical negligence the statute of limitations could begin when you discover or should have realized that your injuries were caused by negligence. In certain cases, minors are exempt from the statute of limitation. If you file an injury claim after the time limit has expired the defendant will most likely inform the court and ask for the dismissal of your lawsuit. In this case, the court will dismiss your claim in a hurry without a hearing. It is important to consult an attorney who specializes in personal injury as soon as you can to discuss your situation and determine if you are eligible to file an official claim. Complaint A complaint is a formal legal document filed by a plaintiff that declares an actionable cause, and a demand for legal relief. The complaint must also specify the type of compensation that the plaintiff is seeking. The defendant must then respond within a specific timeframe. A defendant will usually deny the claim. If the defendant fails to respond to the claim, a default judgement may be entered for the petitioner. Personal injury claims are generally founded on bodily injury. Your attorney will make sure that you are compensated both for your current medical bills and any future expenses. These expenses include medication or home care as well as physical therapy. Additionally, you can claim for any loss of quality of life resulting from your injuries. This includes the inability to sleep, drive or walk normally. This kind of injury is known as suffering and pain. When a complaint is made, the court will hold a preliminary meeting to plan obligatory oral and physical examinations, as well as any document production. After Antioch injury lawyers will draft a Bill of Particulars. It will provide a full description of your injuries. This will include your losses including your future and current medical expenses as well as lost wages and property damage. Your lawyer will outline any emotional distress, disfigurement, or loss of enjoyment in your life as well as any other damages that are not monetary that you seek. If the case is deemed to be probable cause, your case will be scheduled for a public hearing. If the complaint is dismissed as a result of a determination 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 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 by certified or registered mail within a certain timeframe. The defendant must respond or risk default judgment against them. Your New York City personal injuries attorney will file a Bill of Particulars that outlines the damages and injuries suffered by you in greater detail. This could include photos of your injuries, medical expenses and lost wages. The document also contains details about the incident and how you believe the defendant is accountable for the harm. During the middle phase of a lawsuit, called “discovery” in which each party has the opportunity to ask questions and review evidence presented by the opposing party. The defendant's representatives will want to have all the facts before making settlement offers, and your attorney plays a significant role in negotiations during this phase. Your lawyer can also ask to have you examined by a doctor of their choosing regarding the damages and injuries you're seeking. If you do not show up, the court may dismiss your case. Also, the court may order you to pay for the defendant's examination costs. After a discovery and inspection, attorneys from both sides may file a document called “Notice of Issue and Statement of Ready for Trial” to inform the court that their case is ready to go to trial. The judge will then decide a trial date. During the trial the jury will determine if the defendant is responsible for the accident and the injuries you sustained. If the defendant is accountable for the accident, the jury will award you damages. If the defendant is not responsible then the jury will dismiss your claim. Trial Personal injury lawsuits can cover a wide range of injuries, including wrongful death, emotional distress (libel or slander) as well as physical injuries caused by accidents such as car crashes and falls. Additionally, lawsuits can also be filed for non-physical injuries such as the suffering of others and loss of companionship. Your lawyer will conduct an investigation on the accident during the beginning stages of the case to determine the exact nature and severity of your injuries. He or she will then engage with the insurance company of the party at the fault. Your attorney will keep you up-to date on any negotiations and important developments throughout the process. If negotiations are unsuccessful and your lawyer is unable to resolve the issue, he will file an official complaint in the court against defendant. A Complaint, which is the first official document filed in a civil suit, lists all parties, outlines the incident and lays out allegations of wrongdoing. It also demands compensation. The complaint must be served personally, which means that it must be handed over physically to the defendant. This typically takes about a month. After service, the defendant is given 30 days to “answer” the Complaint. The answer is whether the defendant acknowledges the allegations made in the Complaint or refuses to acknowledge them. In this stage your lawyer may submit documents, medical records as well as other evidence in support of your case. The lawyer representing the defendant will then reply to these documents and then the two sides will begin discussions. If the parties are unable to reach a settlement, mediation or arbitration may be required prior to your case is put to trial. However, a large percentage of personal injury cases are settled out of court. Your lawyer must first pay any businesses that have lien on your monetary award from a special account before distributing the check.