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How Personal Injury Lawsuits Work Personal injury lawsuits are civil disputes over compensation for losses or injuries. These cases often involve a party who is at the fault (defendant) and an injured party, referred to as the plaintiff. Your lawyer will go through all of your medical records and other documentation, to determine the full extent and cost of your injuries and damages. This will help them prepare 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 cover their losses. These funds may be awarded in a lump sum or paid over time as part of a structured settlement. These funds are also known as compensatory damages. There are two kinds of compensatory damages: specific and general. Special damages are expenses that can be itemized and are measurable like medical expenses and lost wages. General damages are difficult to put a dollar amount on, such as the suffering and pain, and the loss of enjoyment. Keep a diary to record the way your injuries affected your life. This increases your chances of receiving the most compensation for noneconomic damages. This includes the impact on your relationships, daily pain levels, and episodes of mental anguish, and how injuries affect your ability to engage in activities you once took for granted. In many personal injury lawsuits there are many defendants. This is especially true when a person or business is guilty of criminal intent, fraud and gross negligence. The court can also award punitive damage to discourage others from doing the same thing. After a lawsuit has been filed, the defendants will receive a summons and complaint. The defendants will be required to respond (also called an answer) within 30 days. Usually, the defendants will deny the allegations made in the complaint. Once the answer is filed, the case will enter the process of fact-finding, also known as discovery. The parties will share information and evidence during this stage, including taking depositions. This is the stage that accounts for the majority of time in the timeline of personal injury lawsuits. Statute of limitations If you file a lawsuit claiming injury after the statute of limitations runs out the statute of limitations will expire and you'll likely lose your right to recover damages. That's why it's crucial to consult an attorney for personal injury about your case early on even if you're not certain if the incident happened within the deadline. A statute of limitation is a law of the state that establishes a deadline for filing lawsuits. In most states the statute of limitations begins at the time of the accident or incident which caused your injuries. The deadline for filing a personal injury lawsuit is dependent on the person you are seeking to sue. For instance, if you would like to sue a local government entity (such as a city or county), the deadline is significantly shorter. There are certain circumstances that may change the statute of limitation in your case. If you were exposed to toxic substances or suffered from medical malpractice, for example the statute of limitations can begin when you discover or reasonably should have known that your injuries are the result of negligence. In certain instances the statute of limitations may be tolled for minors. If you submit a claim for injury after the statute of limitations has expired, your defendant will likely tell the court about this and ask that your case be dismissed. In this instance the court will dismiss your claim in a hurry without a hearing. It is important to consult an attorney for personal injuries as soon as you can to discuss your case to determine if you are eligible to file an official claim. Complaint A complaint is an official legal document filed by a party 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 is then obliged to respond within a specified time frame. The defendant is usually able to reject the claim. If the defendant does not respond to the claim, a default judgment could be entered in favor of the petitioner. In most cases, personal injury claims can result in bodily injury. Your attorney will ensure that you are compensated both for your current medical bills and any future costs. This includes things like medications or home care, as well as 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 called pain and suffering. When a complaint is made when a complaint is filed, the court will hold a preliminary meeting to schedule obligatory oral and physical examinations as well as any document production. Following the conference, your lawyer will prepare the Bill of Particulars. It is a thorough 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 also detail the alleged emotional distress and disfigurement, the loss of enjoyment of life and any other damages that are not monetary you're seeking. If your case is determined to have probable cause you will be scheduled for an open hearing. If your complaint is dismissed due to a finding of no probable cause or because the court is not in jurisdiction, you may appeal the decision. Summons The formal process of a lawsuit begins with a summons as well as a complaint. The plaintiff files the complaint with the 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 a default judgment against them. Your New York City personal injury attorney will submit a Bill of Particulars, which describes the injuries and damages you've suffered more fully. This could include photos of your injuries, medical bills and lost wages. It also contains details about the accident and how the defendant is accountable for your harm. During the middle part of a lawsuit referred to as “discovery,” each party gets to ask questions and examine evidence that is held by the other party. The defendant's representatives will want to be armed with all the information they need prior to making settlement offers, and your attorney will play an important role in negotiations during this stage. Your lawyer may also request to have you examined by the doctor of their choice in regard to the injuries and damages you're claiming. If you fail to attend, the judge may dismiss your case or require that you pay the defendant their examination costs. Once Parma injury lawyers YouTube and inspection are completed, the lawyers on both sides can submit a document referred to as the “Notice of Issue and Statement of Readyness for Trial.” This informs the court that your case is now ready to go to trial. The judge will then set a trial date. During the trial the jury will determine if the defendant is accountable for the accident and the injuries you sustained. If the defendant is liable, the jury will award you damages. If the defendant is not accountable, the jury will deny your claim. Trial A personal injury lawsuit 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 may also be filed for physical injuries such as pain and discomfort and loss of companionship. Your lawyer will conduct a thorough investigation regarding your accident in the initial stages of the investigation to determine the exact cause and extent of your injuries. Then, he or she will negotiate with the insurance company. Your attorney will stay in touch with you about any significant developments and discussions throughout the entire process. After negotiations don't work and your lawyer is unable to resolve the issue, he will file a formal complaint in the court against defendant. A Complaint is the initial official document in a civil suit that identifies the parties, describes the incident, argues for wrongdoing and demands compensation. The defendant must be personally served with the complaint, which means that it must be physically delivered to the defendant. This usually takes approximately a month. After service, the defendant has 30 days to “answer” the Complaint. The answer is whether the defendant is willing to admit the allegations in the Complaint or refuses to acknowledge them. In this phase your lawyer will submit documents, medical records and other evidence to back 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 the mediation or arbitration process could be required prior to your case can go to trial. A significant 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 money award out of a special escrow account before he or she will write you an official check.