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How Personal Injury Lawsuits Work A personal injury lawsuit is a civil dispute regarding compensation for financial losses and losses. These cases often involve a person at the fault (defendant) and an injured party referred to as the plaintiff. youtube.com will go through your medical records and other documentation to understand the full extent of your injuries, costs and damages. This will help them prepare and negotiate on your behalf with the insurance company. Damages When a plaintiff wins a personal injury case, the courts award them funds to pay for their damages. These funds can be awarded in one lump sum or paid over time as part of a structured settlement. These funds are referred to as compensatory damages. There are two kinds of compensatory damages: special and general. Special damages are the ones that can be quantified that can be listed for medical expenses and lost earnings. General damages, such as pain and discomfort and loss of enjoyment of living, are more difficult to quantify. Keep a journal in which you can record the way your injuries affected your life. This will increase your chances of receiving the maximum amount of compensation for noneconomic damages. This includes the impact on your relationships, your pain levels on a daily basis as well as mental anxiety 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 a person or business is guilty of criminal intent, fraud or gross negligence. The court may also give punitive damages to discourage others from acting in the same way. The defendants will receive a summons along with a complaint after the lawsuit has been filed. The defendants must submit a response (also called an answering) within 30 days. Usually, the defendants deny the allegations made in the complaint. Once the answer is filed and the case is referred to as an investigation stage, known as discovery. The parties will share information and evidence during this phase, including taking depositions. This stage takes up 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 is likely that you'll lose the right to damages. It is important to consult a personal injury attorney as soon as possible even if you're unsure sure whether the accident occurred before the deadline. A statute of limitations is a state law which sets a time frame on the time you have to file an injury lawsuit. In the majority of states the statute of limitations begins at the time of the incident or accident that led to your injuries. The time limit for filing a lawsuit for injury also depends on the party you are seeking to sue. If you intend to sue an entity of municipal government (such as city or county) the deadline will be much shorter. There are also certain situations that may change the statute of limitations in your situation. For instance, if were exposed to harmful substances or suffered medical negligence, the statute of limitations may start when you realize or ought to have realized that your injuries were the result of negligence. In certain cases, minors are exempt from the statute of limitation. If you file a personal injury claim after the time limit has expired the defendant will likely inform the court and ask for your lawsuit to be dismissed. If this happens, the court will summarily dismiss your claim without hearing. That's why it is important to talk with an experienced personal injury lawyer early to discuss your case and determine whether you have a valid legal claim. Complaint A complaint is a legal document filed by a person who asserts an actionable cause and demands judicial relief. The complaint must also state the kind of compensation that the plaintiff is seeking. The defendant must then respond within a set time frame. In general, a defendant will reject the claim. If the defendant does not respond, default judgment can be entered in the petitioner's favor. Most personal injury claims are based on actual bodily harm. Physical injuries can be very costly, and your attorney will ensure that you get paid for any existing medical bills and any future costs that are anticipated. These include things like medication or home care, as well as physical therapy. You can also claim for any loss in quality of life resulted from your injury. 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 mandatory physical and oral examinations, as well as any document production. After the conference your lawyer will draft the Bill of Particulars. It is a comprehensive account of your injuries. This will include your losses including future and present medical expenses, lost wages and property damage. Your lawyer will outline any emotional distress, disfigurement, or loss of enjoyment in life as well as any other damages that are not monetary that you are seeking. If the case is determined to be a probable cause the case will be scheduled for a public hearing. If your complaint is rejected because of a determination of no probable cause or because the court is not in jurisdiction, you can appeal the decision. Summons The formal lawsuit starts with a summons. The plaintiff file a complaint with the court and then sends the defendant a copy by 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 suffered by you in greater detail. It may include photographs of your injuries, medical bills, and lost wages. The document also contains details regarding the accident and why you believe the defendant is responsible for the harm. In the middle of a lawsuit called “discovery,” each party has the opportunity to ask questions and examine the evidence of the other party. Your attorney is crucial in this phase of negotiations because the representatives of the defendant want to have full information before making settlement offers. Your lawyer can also ask to see you by a doctor they select in relation to the damages or injuries you're seeking. If you do not attend, the court may dismiss your case. Or order that you pay for the defendant's examination costs. After discovery and inspection have been completed, the lawyers on each side can file a document known as an “Notice of Issue and Statement of Readiness for Trial.” This informs the court that your case is prepared to go to trial. The judge will then decide on a trial. During the trial, the jury will determine if the defendant is accountable for the accident and the injuries you sustained. If the defendant is accountable, the jury will award you damages. If the defendant is not responsible then the jury will dismiss your claim. Trial A personal injury claim can result in a variety 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. In addition, lawsuits may also be filed over non-physical injuries such as pain and suffering and loss of companionship. In the initial stages of your case the lawyer will investigate the accident to determine the cause of the incident and the extent of your losses. Then, he will work with the at-fault party's insurance company. Your lawyer will stay in contact with you regarding any significant developments and discussions throughout the process. After negotiations fail, your lawyer will file an official complaint in the court against defendant. A Complaint, which is the first official document of civil lawsuits, names all parties, outlines the incident and alleges wrongdoing. It also demands compensation. The complaint must be personally served which means it must be handed over physically to the defendant. It usually takes about one month. Once service is complete, the defendant must “answer” the Complaint within a specific date, which is usually 30 days. The answer is whether the defendant is willing to admit the allegations in the Complaint or denies them. In this phase your lawyer will submit medical records, documents as well as other evidence to prove your argument. The defendant's attorney will then respond to these documents and the two sides will start further negotiations. If the parties can't come to an agreement, mediation or arbitration may be required prior to a trial can take place. However, a large percentage of personal injury cases settle out of court. Once a settlement is reached, your lawyer has to pay any companies that have lien on the money settlement through a specific account in escrow before he/ she will write you an official check.