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How Personal Injury Lawsuits Work Personal injury lawsuits are civil litigation over compensation for injuries or losses. In these situations, the defendant is usually the one who is responsible for the incident. The plaintiff is typically the injured party. Your attorney will review your medical records and other documentation, in order to determine the full extent and cost of your injuries and damages. This will assist them in preparing and negotiate with the insurance company for you. Damages When a plaintiff wins in a personal injury lawsuit, the court will award the plaintiff a sum of money to cover damages. These funds can be awarded as a lump sum or spread over a time period in the settlement is structured. These funds are referred to as compensatory damages. There are two kinds: special and general. Special damages are measurable costs that can be itemized, such as medical bills and lost earnings. General damages are more difficult to place a dollar value on, such as suffering and suffering, as well as loss of enjoyment of life. Keep a journal in which you can record the way your injuries affected your life. This will increase your chances of receiving maximum compensation for noneconomic damages. This includes the impact on your relationships, your daily pain levels, and episodes of mental anguish and how injuries affect your ability to engage in activities you once took for taken for granted. In a majority of personal injury cases, multiple defendants are at fault. This is most common when a person or business acts with reckless negligence, fraud, and criminal motives. The court may also award punitive damages to deter others from committing the same manner. Once a lawsuit is filed, the defendants will receive a summons and complaint. They are then required to submit a response or answer within 30 days. Usually, defendants deny the allegations in the complaint. After the answer is filed, the case is moved to the phase of fact-finding, also known as discovery. YouTube will exchange information and evidence during this phase including depositions. This phase 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 runs out you could lose your right to recover damages. It is essential to speak with a personal injury attorney as soon as you can, even if you're not certain whether the incident occurred within the deadline. A statute of limitations is a law in a state which sets a time frame on how long you have to file an injury lawsuit. In most states the statute of limitations begins the date that the accident or incident led to your injuries. The time frame for filing a lawsuit for injury also depends on who you are suing. If you want to sue an entity that is a part of the municipal government (such as a county or city) the deadline will be much shorter. There are also certain situations that could alter the statute of limitation in your situation. If you were exposed toxic substances or suffered from medical malpractice, for instance the statute of limitations may begin when you discover or reasonably ought to have realized that your injuries are due to negligence. In some cases minors are exempt from the statute of limitation. If you submit an injury claim after the statute of limitation has expired, your defendant will likely tell the court about this and request that your lawsuit be dismissed. If this occurs, the court will dismiss your claim on the spot without a hearing. That's why it is important to speak with a seasoned personal injury lawyer early on to discuss your case and determine whether you have a legitimate legal claim. Complaint A complaint is a formal legal document that is filed by a person who alleges a cause for action and seeks legal relief. The complaint should also specify the kind of compensation that the plaintiff seeks. The defendant must then respond within a specified timeframe. A defendant is likely to deny the claim. If the defendant does not respond to the claim, a default judgement may be entered in favor of the petitioner. In most cases, personal injury claims involve actual bodily harm. Your attorney will make sure that you get paid for the medical bills you are currently paying as well as any future expenses. These costs include medical expenses or home care as well as physical therapy. You can also claim for any loss in quality of life that is caused by your injury. This includes things like being unable to drive, sleep or walk normally. This kind of injury is referred to as pain and suffering. The court will set up the preliminary conference after the complaint has been filed. This will be used to schedule any required oral or physical examinations, as well as the production of any documents. Following the conference your lawyer will draft an Bill of Particulars. It will provide a full description of your injuries. It will include all the losses you have suffered which include the cost of your current and future medical bills, lost earnings and property damage. Your lawyer will also describe the possible emotional distress or disfigurement, loss of enjoyment of life and any other damages that you seek. If the case is determined to have probable cause your case will be scheduled for a public hearing. If your complaint is dismissed because of a determination of no probable reason or because the court is not in jurisdiction, you may appeal the decision. Summons The formal lawsuit begins with a summons. The plaintiff file the complaint with 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 must respond or risk default judgment against them. Your New York City personal injury attorney will submit an Bill of Particulars, which describes the injuries and damages you've suffered in greater detail. It may include photographs of your injuries, medical bills, and lost wages. It may also include details of the accident and what the defendant is responsible for your injuries. In the middle of a lawsuit, referred to as “discovery” the parties is given the chance to ask questions and review evidence held by the other party. Your attorney will be important in this phase of negotiations as the representatives of the defendant want to have complete information prior to making settlement offers. Your lawyer may also request that you undergo an examination by a doctor of their choosing in regard to the damages and injuries you're claiming. If you don't take part, the judge may dismiss your case, or demand that you pay the defendant the cost of their examination. After a discovery and inspection, attorneys from both sides may file a document 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 an appointment date for the trial. During the trial, the jury will decide if the defendant was responsible for the accident and the injuries you suffered. If the defendant is responsible and the jury awards you damages. If the defendant isn't responsible and the jury denies your claim. Trial Personal injury claims can cover a broad range of injuries, including emotional distress, wrongful death (libel or slander), and physical harm caused by accidents such as car crashes and falls. A lawsuit can also be filed for injuries that are not physical like discomfort and pain, as well as loss of companionship. In the initial stages of your case your lawyer will conduct a thorough investigation of your accident to fully understand what happened and the magnitude of your injuries. Then, he or she will negotiate with the insurance company. Your lawyer will keep you up-to the minute on any negotiations or important developments throughout the process. After negotiations don't work, your lawyer will file an official complaint in court against defendant. A Complaint, the first official document filed in civil lawsuits, names all parties, describes the incident, and claims that there was wrongdoing. It also requests compensation. The complaint must be personally served 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 is whether the defendant acknowledges the allegations made in the Complaint or refuses to acknowledge them. At this point your lawyer could submit medical records, documents and other evidence to support your case. The lawyer representing the defendant will then reply to these documents and then the two sides will begin discussions. If the parties are unable to reach an agreement and mediation or arbitration might be required prior to your case is put to trial. A significant portion of personal injury cases are settled outside of court. Your lawyer must first pay any company with liens on your monetary award through a specialized account before distributing an actual check.