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How Personal Injury Lawsuits Work Personal injury lawsuits are civil disputes over compensation for losses or injuries. In these situations the defendant is typically the person who is at fault. The plaintiff is usually the party who is injured. Your lawyer will review your medical records and other documents, to determine the full extent and cost of your injuries and damages. This will help them prepare and negotiate on your behalf with the insurance company. Damages If a plaintiff is successful in an injury lawsuit the courts award them money to pay for their damages. These funds can be awarded as a lump sum or spread over a time period or as part of an agreed settlement. These funds are also known as compensatory damages. There are two types of compensatory damages: special and general. 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, like the suffering and pain, and the loss of enjoyment. Keep a diary of how your injuries have affected the odds of obtaining maximum compensation for non-economic damages. This includes the impact on your relationships, daily pain levels, and episodes of mental anguish, and how injuries affect your ability to participate in the activities you used to take for taken for granted. In many personal injury lawsuits there are many defendants. This is the most frequent scenario when a business or individual is guilty of criminal intent, fraud, and gross negligence. The court can also award punitive damages to discourage others from doing the same thing. The defendants receive an order with a complaint once a lawsuit is filed. They are then required to file a response or answer, within 30 days. Typically, the defendants will not deny the allegations contained in the complaint. After www.youtube.com is filed, the case is moved to a stage of fact-finding known as discovery. This is when both parties will share relevant information and evidence, which includes depositions under oath. This stage accounts 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 limitation expires, it is likely that you will lose your right to receive damages. This is why it's important to speak with an attorney for personal injury about your case as early as possible even if not sure if the accident happened within the deadline. A statute of limitations is a law in a state that sets a deadline on the amount of time you must make an injury lawsuit. In many states the statute of limitations runs on the date of the incident or accident that caused your injuries. The deadline to file a personal injury lawsuit also varies depending on the person you're suing. If you want to sue an entity of municipal government (such as city or county), the deadline will be much shorter. There are certain circumstances that could alter the statute of limitations in your case. For instance, if you were exposed to harmful substances or suffered medical negligence The statute of limitations may start when you discover, or reasonably should have realized, that your injuries were caused by negligence. In certain cases, the statute of limitations can be tolled for minors. If you file an injury claim after the statute of limitation has expired the defendant will likely tell the court about this and request to dismiss your claim. In this case the court will dismiss your claim in a hurry without a hearing. This is why it's crucial to talk with an experienced personal injury lawyer early on to discuss your case and determine whether you have a legitimate legal claim. Complaint A complaint is a legal formal document filed by a person who asserts an actionable cause, and a demand for judicial relief. The complaint should also specify the kind of compensation that the plaintiff seeks. The defendant is then obliged to respond within a specified timeframe. In general, a defendant will reject the claim. If the defendant fails to respond, a default judgment may be granted to the petitioner's behalf. In most cases, personal injury claims are based on actual bodily injury. Physical injuries can be very expensive, and your lawyer will ensure that you are compensated for any existing medical bills and any anticipated future expenses. These expenses include medication or home care as well as physical therapy. You may also be able to claim any loss in your quality of life caused by your injury. This includes things like being unable to walk, sleep or drive normally. This type of damage is known as pain and suffering. If a complaint is filed when a complaint is filed, the court will hold a preliminary conference to schedule mandatory physical and oral examinations, as well as any document production. After the conference your lawyer will draft the Bill of Particulars. It will provide a full description of your injuries. It will include your losses including your future and current medical expenses loss of wages, as well as property damage. Your lawyer will detail any emotional distress, disfigurement, or loss of enjoyment in your life, as well as any other damages that are not monetary that you are seeking. If the case is found to be probable cause the case will be scheduled for an open hearing. If your complaint is rejected because of a determination of no probable reason or because the court is not in jurisdiction, you can appeal the decision. Summons The formal lawsuit begins with the issue of a summons. The plaintiff submits the complaint to the court and then sends a copy of the document to the defendant by 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 prepare an Bill of Particulars, which details the damages and injuries you've suffered in greater detail. This could include photos of your injuries, medical bills and lost wages. The document will also contain information about the accident and how you believe the defendant is responsible for the damage. In the middle of a lawsuit called “discovery,” each party gets to ask questions and look over the evidence of the other party. The defendant's representatives will want to have complete information before making settlement offers, therefore your attorney will play an important role in negotiations during this phase. Your lawyer can also request to have you examined by a doctor they select in connection with the injuries or damages you're seeking. If you don't attend, the judge may dismiss your case or require that you pay the defendant the cost of their examination. After discovery and inspection have been completed, the lawyers on both sides can file something called an “Notice of Issue” and a “Statement of Readyness for Trial.” This informs the court that your case is now ready to go to trial. The judge will then decide on the trial. During the trial, a jury will decide if the defendant is at fault for the accident and injuries. If the defendant is liable, the jury will award you damages. If the defendant is not liable then the jury will deny your claim. Trial A personal injury claim involves a wide range of injuries, including wrongful death; emotional distress (libel and slander) and physical injury caused by accidents such as car crashes and falls. A lawsuit may also be filed for non-physical injuries, such as discomfort and pain, as well as loss of companionship. In the early stages of your case the lawyer will investigate your accident in order to fully comprehend what occurred and the extent of your damages. Then, he will negotiate with the at-fault party's insurance company. Your lawyer will keep you up to the minute on any negotiations or important developments throughout the process. If negotiations fail and your lawyer is unable to resolve the issue, he will file a formal complaint in the court against defendant. A Complaint, the first official document of a civil suit, identifies all parties, details 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 one month. After service, the defendant is given 30 days to “answer” the Complaint. The answer will explain whether the defendant denies or admits the allegations contained in the Complaint. In this phase your lawyer could provide medical records, documents and other evidence to back your case. The defendant's lawyer will submit a response to these documents, and the two sides will continue to negotiate. If the parties are unable to reach an agreement, then mediation or arbitration could be required prior to trial can begin. A significant portion of personal injury cases are settled out of court. Your lawyer must first pay any company that have lien on your monetary award through a specialized money escrow before distributing the check.