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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 person responsible for the incident. The plaintiff is typically the party who is injured. Your attorney will review all of your medical records along with other documentation, to determine the totality and cost of your injuries and damage. This will enable them to prepare and negotiate on your behalf with the insurance company. Damages When a plaintiff wins in a personal injury claim the court gives the plaintiff a sum of money to cover damages. The money can be awarded as an amount in one lump sum or spread over a time period or 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 expenses that can be itemized and are measurable, such as medical expenses and lost wages. General damages are difficult to place a dollar value on, such as pain and suffering and loss of enjoyment of life. Keep a diary to record how your injuries impacted you. This increases your chances of receiving maximum compensation for noneconomic damages. This includes the impact on your relationships, daily pain levels, mental anguish and your ability to perform things you once took for granted. In many personal injury lawsuits there are many defendants. This is most common when an individual or business acts with reckless negligence, fraud, and criminal intent. The court can also give punitive damages to discourage others from acting in the same manner. The defendants receive an order with an accusation once a lawsuit is filed. They must submit a response or answer, within 30 days. Usually, the defendants will deny the allegations made in the complaint. After the answer is filed the case will move to the process of fact-finding, also known as discovery. This is the time when the parties exchange pertinent information and evidence, including depositions under oath. 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 for injury after the statute of limitations runs out you could lose the right to claim damages. It is important to consult an attorney in personal injury as soon as possible even if you're unsure certain whether the incident occurred within the time frame. A statute of limitations is a law of the state that establishes a deadline for filing a lawsuit. In many states, the statute of limitations begins with the date of the accident or incident that led to your injuries. The deadline to file a lawsuit for personal injuries also depends on the individual you are suing. For instance, if you are seeking to sue a municipal government agency (such as a city or county), the deadline is shorter. There are also certain situations that could alter the statute of limitation in your case. If you have been exposed to toxic substances or suffered from medical malpractice, for example, the statute of limitation could begin when you realize or ought to have known that your injuries are the result of negligence. In some cases, minors are exempt from the statute of limitation. If you file an injury claim after the statute of limitations has expired the defendant will likely inform the court and ask for your lawsuit to be dismissed. In this scenario, the court will dismiss your claim summarily without a hearing. This is why it's crucial to speak with a seasoned personal injury lawyer as soon as possible 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 party who asserts a cause of action and demands the judicial remedy. The complaint must also state the kind of compensation that the plaintiff is seeking. The defendant is then required to respond within a specified timeframe. In general, a defendant will reject the claim. If the defendant fails to respond, a default judgment could be entered in the petitioner's favor. Most personal injury claims can result in bodily injury. Physical injuries can be expensive, and your lawyer will work to ensure that you get paid for any existing medical bills and any future expenses you anticipate. This includes things like medications or home care, as well as physical therapy. You may also be able to claim any loss in quality of life caused by your injury. This includes things like the inability to walk, drive, or sleep normally. This kind of injury is referred to as pain and suffering. When a complaint is filed, the court will hold a preliminary meeting to plan mandatory physical and oral examinations as well as any document production. Your lawyer will prepare the Bill of Particulars. This is a thorough account of your injuries. It will include all the losses you have suffered, including the costs of your present and future medical bills, lost earnings and property damage. Your lawyer will also detail the grievous emotional distress or disfigurement, loss of enjoyment of life, and any other damages that you're seeking. If the case is deemed to be probable cause, your case will be scheduled for public hearing. If the complaint is dismissed as a result of a determination that there is no probable cause, or because the court doesn't have jurisdiction, you can appeal the decision. Summons The formal lawsuit process begins with a summons and complaint. The plaintiff submits a complaint to the court and then sends the defendant a copy by certified or registered post within a specified time. The defendant must respond or risk a default judgment against them. Your New York City personal injury attorney will file a Bill of Particulars, which sets out the damages and injuries you've suffered more fully. It could include photos of your injuries, medical bills and lost wages. It may also include details of the accident and what the defendant is responsible for the harm you suffered. During the middle part of a lawsuit referred to as “discovery,” each party gets to ask questions and look over 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, therefore your attorney will play an important role in negotiations during this stage. Your lawyer may also request that you are examined by a physician they select in relation to the injuries or damages you're seeking. If you don't show up, the court may dismiss your case. Also, the court may order you to pay for the defendant's exam costs. After discovery and inspection have been completed, lawyers on each side can file a document known as an “Notice of Issue and Statement of Readyness for Trial.” This informs the court that your case is ready to go to trial. The judge will then decide on a trial. During the trial, the jury will decide if the defendant is responsible for the accident as well as the injuries you suffered. If the defendant is responsible, the jury may award you damages. If Lawton injury lawsuit www.youtube.com isn't at fault, the jury will reject your claim. Trial A personal injury lawsuit involves a wide range of injuries which include wrongful deaths; emotional distress (libel and slander); and physical harm caused by accidents like car crashes and falls. A lawsuit could also be filed for non-physical injuries, such as pain and discomfort and loss of companionship. Your lawyer will conduct an investigation on the accident during the beginning stages of the case to determine the precise cause and extent of your injuries. The lawyer will then engage with the insurance company of the party at the fault. Your lawyer will keep you up-to current on any negotiations and significant developments throughout this process. Once negotiations have failed and your lawyer has to file a formal complaint in the court against the defendant. A Complaint, the first official document in a civil suit, lists all parties, details 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 a month. After service, the defendant will have 30 days to “answer” the Complaint. The answer will reveal whether the defendant denies or acknowledges the allegations made in the Complaint. In this phase your lawyer could provide medical records, documents as well as other evidence to prove your case. The attorney representing the defendant will then reply to these documents and then the two sides will start negotiations. If the parties are unable to reach a settlement the mediation or arbitration process could be required before your case is put to trial. However, a large percentage of personal injury cases settle outside of court. After a settlement has been reached, your lawyer has to pay any companies with lien on the settlement through a specific account for escrow before he or they can issue a check.