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How Personal Injury Lawsuits Work Personal injury lawsuits are civil disputes over compensation for injuries or losses. In these instances, the defendant is usually the one at fault. The plaintiff is typically the party who is injured. Your lawyer will review your medical records along with other documentation, to determine the full extent and cost of your injuries and damages. This will assist them in preparing and negotiate with the insurance company on behalf of you. Damages If a plaintiff is successful in a personal injury claim, the court will award the plaintiff a sum of money to cover damages. These funds can be awarded as an amount in one lump sum or spread over a period of time in an agreed settlement. These funds are referred to as compensatory damages. There are two types: general and special. Special damages are those that can be itemized and quantifiable, such as medical expenses and lost wages. General damages, such as discomfort and pain, as well as loss of enjoyment of living, are more difficult to quantify. Keeping a journal detailing the way your injuries have affected you your chances of obtaining the maximum amount of compensation for non-economic damages. This includes the impact on your relationships, pain levels throughout the day mental stress and your ability to complete things you used to take for granted. In many personal injury lawsuits there are multiple defendants. This is especially true when a business or individual acts with criminal intent, fraud and gross negligence. The court may also award punitive damages to deter others from acting in the same manner. The defendants will receive a summons with an accusation once a lawsuit has been filed. The defendants must respond (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 is moved to the phase of fact-finding, also known as discovery. www.youtube.com is the time when both parties will share relevant information and evidence, including taking depositions under the oath. This is the stage that accounts for the majority of time in a personal injury lawsuit timeline. Statute of limitations If you file a lawsuit for injury after the statute of limitation expires, it's likely that you'll lose your right to receive damages. It is crucial to speak with an attorney in personal injury whenever you can, even if you're not certain if the incident occurred within the deadline. A statute of limitations is a law of the state that establishes a deadline for filing lawsuits. In many states, a statute of limitations begins on the date of the incident or incident led to your injuries. The time frame to file a lawsuit also depends on who you are seeking to sue. If you are suing an entity of municipal government (such as the city or county), the deadline will be much shorter. Additionally there are certain circumstances that could alter the statute of limitations in your situation. If you were exposed to toxic substances or were the victim of medical malpractice, for instance, the statute of limitation may begin when you discover or reasonably ought to have realized that your injuries are the result of negligence. In certain instances the statute of limitations is tolled for minors. If you file a personal injury claim after the statute of limitations has expired the defendant will most likely to inform the court and ask for your lawsuit to be dismissed. If this occurs, the court will summarily dismiss your claim without a hearing. It is essential to contact an attorney for personal injuries as soon as you can to discuss your case and determine if you have a legal claim. Complaint A complaint is a legal formal document filed by a plaintiff which asserts an action and demands legal relief. The complaint should also indicate what kind of compensation the plaintiff seeks. The defendant is then obliged to respond within a specific timeframe. In general the case, a defendant will reject the claim. If the defendant fails to respond, a default judgment may be entered in favor of the petitioner. Personal injury claims are typically based on actual bodily harm. Your attorney will make sure that you are compensated both for your current medical bills and any future expenses. This includes things like medications as well as home care and physical therapy. You may also be able to claim any loss in your quality of life that is caused by your injury. This includes the inability to walk, drive or sleep normally. This kind of injury is referred to as suffering and pain. When a complaint is filed when a complaint is filed, the court will hold a preliminary meeting to set the date for obligatory oral and physical examinations as well as any document production. Following the conference, your lawyer will prepare the Bill of Particulars. It will provide a full description of your injuries. It will include all your losses including the cost of your current and anticipated 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 are seeking. If the case is found to be a probable cause, your case will be scheduled for an open hearing. If the complaint is dismissed because of a decision that there is no probable cause, or because the court does not have jurisdiction, you are able to appeal the decision. Summons The formal process of a lawsuit begins with a summons and a complaint. The plaintiff submits a complaint to the court and then sends the defendant a copy of the complaint via registered or certified mail within a certain time frame. The defendant must respond or risk default judgment against them. Your New York City personal injury attorney will file an Bill of Particulars, which sets out the damages and injuries you've suffered in greater detail. This may include photos of your injuries, medical bills and lost wages. The document will also contain information about the incident and how you think the defendant is responsible for the damage. In the middle of a lawsuit, called “discovery”, each party is given the chance to ask questions and examine evidence held by the other party. Your attorney will be important in this phase of negotiations as the representatives of the defendants want complete information prior to making settlement offers. Your lawyer can also request that you undergo an examination by the doctor of their choice in relation to the injuries and damages you're claiming. If you fail to attend, the judge could dismiss your case or order that you pay the defendant the costs of their examination. After the discovery and inspection process is completed, lawyers on both sides may file a document known as the “Notice of Issue and Statement of Readiness for Trial.” This informs the court that your case is ready to go to trial. The judge will then schedule a trial. During the trial the jury will decide whether the defendant is at fault for the accident and your injuries. If the defendant is responsible the jury could award you damages. If the defendant isn't responsible then the jury will dismiss your claim. Trial A personal injury claim involves a wide range of injuries that include wrongful death, emotional distress (libel and slander); and physical harm caused by accidents such as car crashes and falls. A lawsuit could also be filed for non-physical injuries like pain and discomfort and loss of companionship. In the beginning of your case your lawyer will conduct a thorough investigation of your accident in order to fully comprehend the cause of the incident and the extent of your damages. He or she will then engage with the insurance company of the party at fault. Your attorney will keep in touch with you on any significant developments and negotiations throughout the entire process. If negotiations don't work the lawyer will file an official complaint in court against defendant. A complaint, the first official document of a civil suit, identifies all parties, outlines the incident and alleges wrongdoing. It also seeks compensation. The defendant must be personally served with the complaint, which means that it must be delivered physically to the defendant. This typically takes about one month. After service is completed and the defendant is required to “answer” the Complaint within a specified time frame, which is typically 30 days. The answer is whether the defendant acknowledges the allegations made in the Complaint or refuses to acknowledge them. During this time your lawyer will be able to submit documents, medical records, and other evidence in support of your case. The defendant's lawyer will submit a response to these documents and the two parties will continue to negotiate. If the parties cannot come to an agreement, mediation or arbitration may be required before a trial can take place. A significant number of personal injury cases are settled outside of court. After a settlement has been reached, your lawyer has to pay any companies with lien on the money award out of a special account in escrow before he/ will issue you an official check.