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How Personal Injury Lawsuits Work Personal injury lawsuits are civil disputes over the compensation for losses or injuries. The cases typically involve a person 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 understand the full extent of your injuries, costs and damages. This will help them prepare and negotiate with the insurance company on behalf of you. Damages When a plaintiff wins a personal injury case the courts award them funds to cover their losses. These 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 kinds: general and special. Special damages are costs that can be itemized and quantifiable, such as medical expenses and lost wages. General damages are difficult to place a dollar value on, such as pain and suffering and loss of enjoyment of life. Keep a journal to document how your injuries impacted you. This will increase your chances of receiving the most compensation for any non-economic losses. This includes the impact on your relationships, your pain levels on a daily basis, mental anguish and your ability to perform things you used to take for granted. In many personal injury cases, multiple defendants are responsible. This is most common when an individual or business 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 the defendants will be served with a summons and complaint. The defendants are required to respond (also known as an answering) within 30 days. Typically, the defendants will deny the allegations in the complaint. After the answer has been filed, the case is moved to a stage of fact-finding known as discovery. Both parties will exchange information and evidence during this phase and may even conduct depositions. This stage accounts for the majority of the time in a personal injury lawsuit timeline. Statute of limitations If you file a lawsuit claiming injury after the statute of limitations expires the statute of limitations will expire and you'll likely lose your right to recover damages. It is essential to speak with a personal injury attorney whenever you can even if you're unsure certain if the incident occurred within the deadline. A statute of limitations is a state law that sets a time limit on the time you have to make an injury lawsuit. In many states, a statute of limitations begins the date on which the accident or incident led to your injuries. The time frame for filing an injury lawsuit also depends on the party you are suing. For example, if you want to sue a municipal government entity (such as a city or county), the deadline is much shorter. There are also certain situations that could alter the statute of limitation in your case. If you have been exposed to toxic substances or were the victim of medical malpractice, for instance the statute of limitations can begin when you discover or reasonably ought to have realized that your injuries are due to negligence. In certain cases, minors are exempt from the statute of limitation. If you file an injury claim after the statute of limitations has expired the defendant will most likely inform the court and ask for the case to be dismissed. In this case, the court will dismiss your claim in a hurry without a hearing. This is why it's crucial to consult an experienced personal injury lawyer as soon as possible to discuss your case and determine whether you have a valid legal claim. Complaint A complaint is an official legal document that is filed by a party that claims a cause of action and demands the judicial remedy. The complaint must also specify the type of relief the plaintiff is seeking. The defendant is then obliged to respond within a certain time frame. The defendant is usually able to reject the claim. If the defendant does not respond, a default judgment may be entered in favor of the petitioner. Personal injury claims are usually caused by bodily injury. Your attorney will ensure that you are compensated both for the medical bills you are currently paying and any future expenses. These expenses include medications as well as home care and physical therapy. Additionally, you can claim compensation for any loss in quality of life caused by your injuries. This includes the inability to sleep, drive or walk normally. This type of damage is called suffering and pain. The court will set up an initial conference once the complaint is filed to schedule any mandatory oral or physical examinations, as well as the production of any documents. Your lawyer will prepare a Bill of Particulars. It is a thorough description of your injuries. It will include all of your losses which include the cost of your current and future medical bills, lost earnings and property damage. Your lawyer will also detail the grievous emotional distress and disfigurement, the loss of enjoyment of life, and any other damages that are not monetary you're seeking. If your case is deemed 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 are able to appeal the decision. Summons The formal lawsuit begins with the issue of a summons. The plaintiff files the complaint with the court and then sends a copy of the document to the defendant via certified or registered mail within a specified timeframe. The defendant must respond or risk default judgment against them. Your New York City personal injuries attorney will file an Bill of Particulars that outlines the injuries and damages suffered by you in more depth. It may include photographs of your injuries, medical bills, and lost wages. The document also includes information about the accident and how you believe the defendant is responsible for the injury. In the middle of a lawsuit called “discovery,” each party is allowed to ask questions and examine the evidence of the other party. Your attorney will be important in this stage of negotiations as the representatives of the defendant want to have complete information before they make settlement offers. Your lawyer can also request to have you examined by a doctor of their choosing regarding the damages and injuries you're seeking. If you don't show up, the court may dismiss your case. Or, they may require that you pay for the defendant's examination costs. After discovery and inspection, attorneys on both sides can file a form called “Notice of Issue and Statement of Ready for Trial” to inform the court that their case is prepared to go to trial. The judge will then set a trial date. During the trial, a jury will decide whether the defendant is at fault for the accident and your injuries. If the defendant is liable and the jury awards you damages. If Mobile injury lawyers YouTube is not accountable then the jury will deny your claim. Trial A personal injury claim encompasses a range of injuries which include wrongful deaths; emotional distress (libel and slander) as well as physical injuries caused by accidents, such as car crashes and falls. Additionally, lawsuits can also be filed for physical injuries, such as pain and suffering 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 the extent of your injuries. Then, he or she will work with the at-fault party's insurance company. Your attorney will keep you up to date on any negotiations and important developments throughout the process. Once negotiations have failed and your lawyer has to make a formal complaint to the court against the defendant. A Complaint, which is the first official document filed in a civil suit, lists all parties, details the incident, and claims that there was wrongdoing. It also requests compensation. The complaint must be personally served which means it must be physically handed to the defendant. This typically takes about a month. After service is completed, the defendant must “answer” the Complaint within a specific time, which is usually 30 days. The answer will tell you if the defendant denies or admits the allegations in the Complaint. During this phase your lawyer will be able to provide medical records, documents and other evidence to support of your case. The lawyer representing the defendant will respond to these documents and then the two sides will start discussions. If the parties can't reach an agreement, then mediation or arbitration could be required prior to trial can begin. However, a substantial portion of personal injury cases settle outside of court. When a settlement is reached, your lawyer has to pay any companies that have lien on the settlement out of a separate escrow account before he or she will write you a check.