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How Personal Injury Lawsuits Work A personal injury lawsuit is a civil battle over the amount of compensation for injuries and losses. The cases typically involve a party who is at the fault (defendant) and an injured party referred to as the plaintiff. Your lawyer will go through your medical records and other documentation to understand the full extent of your injuries, the costs and damages. This will help them prepare and negotiate with the insurance company for you. Damages When a plaintiff wins a personal injury case the courts award them funds to cover their losses. These funds may be awarded in a lump sum or spread over time as part of a structured settlement. These funds are referred to as compensatory damages. There are two kinds of compensatory damages: specific and general. Special damages are those which can be listed and are measurable like medical expenses and lost wages. General damages, like pain and discomfort and loss of enjoyment of living are more difficult to quantify. Keep a diary of 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 episodes of mental anguish and how your injuries affect your ability to engage in activities that you used to take for granted. In many personal injury lawsuits there are many defendants. This is the most frequent scenario when a business or person commits criminal intent, fraud and gross negligence. The court can also award punitive damages to discourage others from engaging in the same manner. The defendants are served with a summons with a complaint once a lawsuit is filed. The defendants must provide a response (also called an answering) within 30 days. Typically, defendants deny the allegations made in the complaint. After the answer is filed, the case is moved to the phase of fact-finding, also known as discovery. The parties will share information and evidence during this phase and may even conduct depositions. This is the stage that accounts for the majority of time in a personal injury lawsuit timeline. Statute of limitations If you file an injury lawsuit after the statute of limitations expires the statute of limitations will expire and you'll likely lose the right to collect damages. It is essential to speak with an attorney for personal injuries whenever you can even if you're unsure sure whether the accident occurred within the timeframe. A statute of limitations is a state law which sets a time frame on the amount of time you have to file an injury lawsuit. In the majority of states the statute of limitations starts on the date of the incident or incident caused your injuries. The time frame to file a lawsuit is dependent on the person you are suing. For instance, if you want to sue a municipal government agency (such as a county or city) the deadline is much shorter. Additionally, there are certain situations that could alter the statute of limitations in your situation. 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 ought to have known that your injuries are the result of negligence. In certain instances, the statute of limitations can be extended for minors. If you file an injury claim after the statute of limitations has expired, the defendant will most likely to inform the court and request the dismissal of your lawsuit. In this case the court will dismiss your claim summarily without hearing. It is essential to contact an attorney for personal injuries immediately to discuss your case and determine if you are eligible to file a legal claim. Complaint A complaint is a legal document filed by a plaintiff which asserts an actionable cause, and a demand for the judicial remedy. The complaint should also specify the kind of compensation that the plaintiff seeks. The defendant must then respond within a specific time frame. In general, a defendant will deny the claim. If the defendant fails to respond to the claim, a default judgment could be granted for the petitioner. Most personal injury claims can result in bodily injury. Physical injuries can be extremely expensive, and your lawyer will ensure that you get paid for any existing medical bills and any anticipated future expenses. These expenses include medications as well as home care and physical therapy. Additionally, you can claim for any loss of quality of life caused by your injuries. This includes things like being unable to drive, sleep or walk normally. This kind of damage 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 obligatory oral and physical examinations as well as any document production. After the conference your lawyer will draft a Bill of Particulars. This is a detailed description of your injuries. It will include all your losses including the cost of your present and future medical bills, lost earnings, and property damage. Your lawyer will describe any emotional distress, disfigurement, or loss of enjoyment as well as any other damages not monetary you're seeking. If your case is found to be probable cause, you will be scheduled for an open hearing. If Bellflower injury lawyer is dismissed because of a decision that there is no probable cause, or because the court doesn't have jurisdiction, you may appeal the decision. Summons The formal process of a lawsuit begins with a summons and a complaint. The plaintiff files a complaint with the court and sends the defendant a copy of the complaint via certified or registered post within a specific time. The defendant must respond, or they risk a default judgment against them. Your New York City personal injuries attorney will prepare an Bill of Particulars that outlines the damages and injuries sustained by you in greater specific 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 accountable for the damage. In the middle of a lawsuit called “discovery,” each party gets to ask questions and look over evidence that is held by the other party. The representatives of the defendant will want to be armed with all the information they need prior to making settlement offers, so your attorney plays a significant role in negotiations during this stage. Your lawyer can also ask to have you examined by a doctor of their choosing in relation to the damages and injuries you're claiming. If you don't 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, the lawyers on both sides can file a document known as the “Notice of Issue” and a “Statement of Readiness for Trial.” This informs the court that your case is 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 and your injuries. If the defendant is liable for the accident, the jury will award you damages. If the defendant isn't accountable then the jury will deny your claim. Trial Personal injury claims can cover a broad 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. A lawsuit may also be filed for injuries that are not physical like pain and discomfort and loss of companionship. Your lawyer will conduct a thorough investigation on the accident during the early stages of the investigation to determine the exact cause and the extent of your injuries. Then, he will negotiate with the at-fault party's insurance company. Your lawyer will stay in touch with you on any significant developments and negotiations throughout the entire process. If negotiations fail the lawyer will file an official complaint in court against defendant. A complaint is the first official document in a civil lawsuit that names the parties, explains the incident, argues for wrongdoing and demands compensation. The complaint must be served personally which means it must be handed over physically to the defendant. It usually takes about one month. After service, the defendant will have 30 days to “answer” the Complaint. The answer will tell you if the defendant denies or acknowledges the allegations in the Complaint. During this time your lawyer will be able to submit medical records, documents, and other evidence in support of your case. The lawyer for the defendant will provide an answer to these documents and the two sides will then engage in further discussions. If the parties are unable to reach an agreement, then mediation or arbitration may be required before a trial can take place. A large portion of personal injury cases are settled outside of court. Once a settlement is reached, your lawyer must pay any businesses that have lien on the settlement through a specific account in escrow before he/ will issue you a check.