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How Personal Injury Lawsuits Work A personal injury lawsuit is a civil dispute over monetary compensation for injuries and losses. In these cases the defendant is usually the person who is at fault. The plaintiff is usually the party who is injured. Your lawyer will go through your medical records and other documentation to determine the extent of your injuries, expenses and damages. This will assist them in preparing and negotiate with the insurance company on behalf of you. Damages When a plaintiff wins a personal injury case, the courts award them funds to pay for their damages. The funds may be awarded as a lump sum or spread out over a period of time, as part if the settlement is structured. These funds are referred to as compensatory damages. There are two types of compensatory damages: specific and general. Special damages are expenses that can be categorized and are measurable for example, medical expenses and lost wages. General damages are more difficult to put a dollar amount on, such as suffering and suffering, as well as loss of enjoyment. Writing down how your injuries have affected you can help improve the odds of obtaining maximum compensation for non-economic damages. This includes the effect on your relationships, your pain levels on a daily basis as well as mental anxiety and your ability to do things you once took 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 make punitive damages in order to discourage others from acting in the same way. When a lawsuit is filed and the defendants are served with a summons and complaint. They will then be required to file a response which is also known as an answer within 30 days. Typically, defendants will deny the allegations made in the complaint. Once the answer is filed, the case will enter a fact-finding stage known as discovery. This is the time when the parties exchange pertinent information and evidence, which includes depositions under oath. This is where you will find the majority of time in a personal injury lawsuit timeline. Statute of limitations If you file a lawsuit for injury after the statute of limitations runs out, you will likely lose the right to collect damages. It is crucial to speak with an attorney for personal injuries whenever you can even if you're unsure certain if the incident occurred before the timeframe. A statute of limitations is a law of the state which sets a time frame on the amount of time you have to make an injury lawsuit. In most states the statute of limitations starts on the date of the incident or incident caused your injuries. The deadline to file a lawsuit for personal injury also varies depending on the individual you are suing. For example, if you want to sue a municipal government entity (such as a city or county), the deadline is significantly shorter. There are other situations that could alter the statute of limitation in your particular case. If you were exposed to toxic substances or suffered from medical malpractice, for instance the statute of limitations could begin when you realize or reasonably should have known that your injuries are due to negligence. In certain instances the statute of limitations may be extended for minors. If you file a personal injury claim after the statute of limitations has expired the defendant will likely point this out to the court and request the dismissal of your lawsuit. If this occurs, the court could summarily dismiss your claim without hearing. It is important to consult a personal injury lawyer immediately to discuss your situation and determine if you can make a legal claim. Complaint A complaint is an official legal document filed by a person who claims a cause of action and seeks judicial relief. The complaint should also indicate what kind of compensation the plaintiff seeks. The defendant must then respond within a specific timeframe. In general the event of a denial, the defendant will reject the claim. If the defendant fails to respond, a default judgment may be entered in favor of the petitioner. Most personal injury claims are based on actual bodily harm. Physical injuries can be very expensive, and your lawyer will work to ensure you receive compensation for any current medical bills as well as any anticipated future expenses. These expenses include medication, home care, and physical therapy. You may also be able to claim any loss in your quality of life caused by your injury. This includes the inability to walk, drive or sleep normally. This type of damages is known as pain and suffering. The court will set up an initial conference once the complaint has been filed. This will be used to schedule any required oral or physical examinations and also the production of any documents. Your lawyer will then draft an Bill of Particulars. This is a detailed description of your injuries. It will include all of your losses including the cost of your current and future medical expenses, lost earnings and property damage. Your lawyer will also detail the possible emotional distress and disfigurement, the loss of enjoyment of life, and any other non-monetary damages you are seeking. If the case is deemed to be a probable cause, your case will be scheduled for public hearing. If the complaint is dismissed because of a determination that there is no probable cause, or because the court doesn't have jurisdiction, you are able to appeal the decision. Summons The formal lawsuit process starts with a summons as well as a complaint. The plaintiff file a complaint with the court and sends the defendant a copy via registered or certified mail within a specific time. YouTube must respond or risk a default judgment against them. Your New York City personal injury attorney will file a Bill of Particulars, which details the injuries and damages you've sustained more fully. It could include photographs of your injuries, medical bills and lost wages. It may also include details of the accident and how the defendant is responsible for the harm you suffered. In the middle of a lawsuit, called “discovery” the parties has the opportunity to ask questions and review evidence held by the other party. Your attorney is crucial during this stage of negotiations since the defendant's representatives want full information before making settlement offers. Your lawyer may also request that you undergo an examination by any doctor they choose in regard to the injuries and damages you're seeking. If you do not take part, the judge may dismiss your case or require that you pay the defendant for the costs of their examination. After the discovery and inspection, attorneys from both sides can file a document called “Notice of Issue & Statement of Ready for Trial” to inform the court that their case is prepared to go to trial. The judge will then schedule a trial. During the trial, a jury will decide whether the defendant is responsible for the accident and injuries. If the defendant is responsible and the jury awards you damages. If the defendant isn't at fault then the jury will deny your claim. Trial Personal injury claims can cover a wide range of injuries, including emotional distress, wrongful deaths (libel or slander) as well as physical injuries from accidents, such as car crashes and falls. In addition, lawsuits can also be filed to address physical injuries, such as pain and suffering and loss of companionship. Your lawyer will conduct a thorough investigation on your accident in the early stages of the investigation to determine the exact cause and extent of your injuries. He or she will then engage with the insurance company of the party who is at the fault. Your attorney will keep you up to current on any negotiations and significant developments during this process. After negotiations fail and your lawyer is unable to resolve the issue, he will file a formal complaint in court against defendant. A Complaint, the first official document in a civil suit, lists all parties, outlines the incident and lays out allegations of wrongdoing. It also seeks compensation. The defendant must be personally served with the complaint, which means that it must be delivered physically to him or her. It usually takes about approximately a month. After service is completed and the defendant is required to “answer” the Complaint within a specified date, which is usually 30 days. The answer will tell you if the defendant denies or accepts the allegations made in the Complaint. In this stage your lawyer may provide 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 parties will then engage in further discussions. If the parties are not able to come to an agreement and mediation or arbitration might be required prior to your case goes to trial. A large portion of personal injury cases are settled outside of court. Your lawyer must first pay any company that have lien on your monetary award from a specific escrow fund before issuing you the check.