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How Personal Injury Lawsuits Work Personal injury lawsuits are civil disputes over compensation for losses or injuries. The cases typically involve a person at fault (defendant) and an injured party referred to as the plaintiff. Your lawyer will review all of your medical records and other documents, to determine the full extent and cost of your injuries and damages. This will allow them to prepare and negotiate with the insurance company on behalf of you. Damages When a plaintiff wins a personal injury lawsuit the courts award them money to pay for their damages. The money can be awarded in a lump sum or spread out over a time period, as part if the settlement is structured. These funds are referred to as compensatory damages. There are two kinds: special and general. Special damages are those that can be quantified that can be itemized for medical expenses and lost earnings. General damages are difficult to put a dollar amount on, like suffering and suffering, as well as loss of enjoyment. Keeping a journal detailing how your injuries have affected 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 anguish and how your injuries impact your ability to engage in activities that you used to take for granted. In many personal injury lawsuits, there are multiple defendants. This is the most frequent scenario when a person or business commits fraud, criminal intent or gross negligence. The court can also award punitive damage to discourage others from acting in the same way. After a lawsuit has been filed and the defendants are served with a summons and complaint. The defendants must submit a response (also known as an answering) within 30 days. Usually, the defendants deny the allegations made in the complaint. After the answer is filed, the case enters a stage of fact-finding known as discovery. This is where the parties exchange pertinent information and evidence, which includes taking depositions under an oath. 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 has expired the statute of limitations will expire and you'll likely lose the right to collect damages. It is important to consult an attorney in personal injury whenever you can even if you're not sure whether the accident occurred before the time frame. A statute of limitations is a law in a state which sets a time frame on how long you can make an injury lawsuit. In most states the statute of limitations begins on the date that the accident or incident led to your injuries. The time frame to file a lawsuit is dependent on the person you are seeking to sue. If you are suing an entity of municipal government (such as a county or city), the deadline will be much shorter. There are certain circumstances that may change the statute of limitation in your case. For YouTube , if were exposed to toxic substances or suffered medical malpractice, the time limit may begin when you realize or should have realized, that your injuries were caused by negligence. In some cases, the statute of limitations is extended for minors. If you file a claim for injury after the statute of limitations has expired, your defendant will likely tell the court about this and ask to dismiss your claim. In this scenario, the court will dismiss your claim without hearing. This is why it's crucial to consult an experienced personal injury lawyer early on to discuss your case and determine whether you have a valid legal claim. Complaint A complaint is a formal legal document filed by a party that alleges a cause for action and seeks legal relief. The complaint must also state what kind of compensation the plaintiff seeks. The defendant must then respond within a specific timeframe. In general the event of a denial, the defendant will deny the claim. If the defendant fails to respond, a default judgment may be entered in favor of the petitioner. In the majority of cases, personal injury claims are based on actual bodily injury. Your attorney will make sure that you get paid for medical bills currently incurred and any future costs. These expenses include medications as well as home care and physical therapy. In addition, you can claim compensation for any loss in quality of life caused by your injuries. This includes things like the inability to drive, sleep or walk normally. This kind of injury is referred to as pain and suffering. When a complaint is made and the court is notified, they will hold a preliminary meeting to set the date for the mandatory oral and physical examinations as well as any document production. Your lawyer will then prepare an Bill of Particulars. It is a thorough description of your injuries. This will include the losses you have suffered including your current and future medical costs loss of wages, as well as property damage. Your lawyer will detail any emotional distress, disfigurement or loss of enjoyment and any other non-monetary damages that you are seeking. If your case is deemed to be a probable cause, you will be scheduled for an open hearing. If your complaint is rejected due to a determination of no probable cause or because the court is not in jurisdiction, you can appeal the decision. Summons The formal process of a lawsuit begins with a summons and a complaint. The plaintiff submits the complaint to an appropriate court and then sends a copy of the document to the defendant by registered or certified mail within a specified time frame. The defendant has to respond or risk a default judgment against them. Your New York City personal injury attorney will prepare an Bill of Particulars, which describes the injuries and damages you've sustained more fully. It may include photographs of your injuries, medical bills, and lost wages. The document also includes information regarding the accident and why you think the defendant is accountable for the damage. During the middle phase of a lawsuit, called “discovery” the parties is given the chance to ask questions and look over evidence provided by the opposing party. Your lawyer will be crucial in this stage of negotiations since 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 physician they select in relation to the damages or injuries you're claiming. If you fail to show up, the court may dismiss your case. Also, the court may order you to pay for the defendant's examination costs. After discovery and inspection have been completed, lawyers on both sides can submit a document referred to as the “Notice of Issue and Statement of Readyness for Trial.” This informs the court that your case is now ready to go to trial. The judge will then schedule the trial. During the trial the jury will determine if the defendant is responsible for the accident as well as the injuries you sustained. If the defendant is at fault the jury could award you damages. If the defendant isn't responsible then the jury will dismiss your claim. Trial Personal injury claims can cover a broad variety of injuries, including emotional distress, wrongful death (libel or slander) as well as physical injuries caused by accidents such as car crashes and falls. Additionally, lawsuits can also be filed over physical injuries, such as suffering and pain, as well as loss of companionship. Your lawyer will conduct an investigation regarding your accident in the initial stages of the investigation to determine the exact cause and extent of your injuries. Then, he or she will work with the insurance company of the at-fault company. Your lawyer will stay in touch with you on any significant developments and discussions throughout the entire process. After negotiations have failed, your lawyer will file a formal complaint in the court against the defendant. A Complaint is the first official document in a civil lawsuit. It identifies the parties, details the incident, argues for wrongdoing, and requests compensation. The defendant must be personally served with the complaint, which means it must be delivered physically to him or her. It usually takes about one month. After service, the defendant is given 30 days to “answer” the Complaint. The answer explains whether the defendant is willing to admit the allegations made in the Complaint or denies them. At this point your lawyer will submit documents, medical records and other evidence to back your case. The lawyer for the defendant will provide a response to these documents and the two sides will continue to negotiate. If the parties cannot reach an agreement, then mediation or arbitration may be required before the trial can be held. A large portion of personal injury cases are settled outside of court. Your lawyer must first pay any companies with liens on your monetary award from a special money escrow before distributing an actual check.