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How Personal Injury Lawsuits Work Personal injury lawsuits are civil litigation over compensation for losses or injuries. The cases typically involve a person who is at the fault (defendant) and an injured party, referred to as the plaintiff. Your lawyer will go through all medical records and other documentation, in order to determine the full extent and cost of your injuries and damage. This will enable them to prepare and negotiate on your behalf with the insurance company. Damages If a plaintiff prevails in a personal injury lawsuit, the court will award them money to pay for damages. The funds can be awarded in one lump sum or spread over time as part of a structured settlement. These funds are also known as compensatory damages. There are two types: special and general. Special damages are those that can be quantified that can be listed like medical bills and lost earnings. General damages are difficult to place a dollar value on, such as pain and suffering and loss of enjoyment of life. Keep a diary of the way your injuries have affected you you can help improve your chances of obtaining the maximum amount of compensation for non-economic damages. This includes the impact on your relationships, daily pain levels mental stress 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 a person or business is guilty of reckless negligence, fraud, and criminal intention. The court can also award punitive damages to discourage others from doing the same thing. Once a lawsuit is filed, the defendants will receive a summons and complaint. They are then required to file a response which is also known as an answer within 30 days. Usually, defendants deny the allegations made in the complaint. After the answer has been filed, the case moves to the phase of fact-finding, also known as discovery. This is where both parties will share relevant information and evidence, which includes depositions under an oath. This stage accounts for the majority of time in the timeline of a personal injury lawsuit. Statute of limitations If you file a lawsuit for injury after the statute of limitations expires, it's likely that you'll lose the right to damages. That's why it is important to talk to an attorney who specializes in personal injury to discuss your case early on even if you're not certain if the incident occurred within the timeframe. A statute of limitations is a state law that sets a time limit on the amount of time you have to file an injury lawsuit. In the majority of states, a statute of limitations begins the date that the accident or incident led to your injuries. The time frame for filing a lawsuit for injury is dependent on the person you are seeking to sue. If you want to sue an entity of municipal government (such as the city or county) the deadline is shorter. There are certain circumstances that could alter the statute of limitation in your case. For instance, if you were exposed to harmful substances or suffered medical negligence, the statute of limitations could begin when you discover or should have realized that your injuries were caused by negligence. In certain cases, the statute of limitations may be tolled for minors. If you file a claim for injury after the statute of limitation has expired the defendant will likely inform the court of this and ask that your lawsuit be dismissed. If this occurs, the court could dismiss your claim on the spot without hearing. It is essential to contact a personal injury lawyer as soon as possible to discuss your situation and determine if you are eligible to file a legal claim. Complaint A complaint is a formal legal document filed by a person who alleges a cause for action and demands legal relief. The complaint should also specify the kind of compensation that the plaintiff seeks. The defendant must then respond within a specific time period. In general, a defendant will reject the claim. If the defendant fails to respond to the claim, a default judgment could be entered in favor of the petitioner. In the majority of cases, personal injury claims can result in bodily injury. Your lawyer will ensure that you get paid for the medical bills you are currently paying and any future costs. These expenses include medication or home care as well as physical therapy. You can also claim compensation for any loss in quality of life caused by your injuries. This includes the inability to walk, drive or sleep normally. This kind of injury is known as pain and suffering. The court will schedule 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 prepare the 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 detail the alleged emotional distress, disfigurement, loss of enjoyment of life, and any other damages that are not monetary you're seeking. If your case is deemed to have probable cause, you will be scheduled for an open hearing. If your complaint is rejected due to a determination of no probable cause or because the court does not have jurisdiction, you may appeal the decision. Summons The formal process of a lawsuit begins with a summons and complaint. The plaintiff file a complaint with the court and sends the defendant a copy via registered or certified mail within a specific time. The defendant must respond or risk a default judgment against them. Your New York City personal injuries attorney will file a Bill of Particulars that outlines the damages and injuries sustained by you in greater depth. It may include photographs of your injuries, medical bills and lost wages. The document also contains details about the incident and how you believe the defendant is accountable for the damage. During the middle part of a lawsuit, also known as “discovery,” each party is allowed to ask questions and look over evidence that is held by the other party. The defendant's representatives will want to have all the facts before making settlement offers, therefore your attorney will play a crucial role in negotiations during this time. Your lawyer may also request that you are examined by a doctor they choose for the injuries or damages you're seeking. If you fail to attend, the court may dismiss your case. Or, they may require that you pay for the defendant's examination costs. After discovery and inspection, attorneys from both sides can file a form called “Notice of Issue and Statement of Ready for Trial” to inform the court that their case is ready to go to trial. The judge will then determine a trial date. During the trial the jury will decide whether the defendant is at fault for the accident and your injuries. If the defendant is accountable for the accident, the jury will award you damages. If the defendant isn't responsible, the jury will deny your claim. YouTube involves a wide range of injuries, including wrongful death; emotional distress (libel and slander) as well as physical injuries caused by accidents such as car crashes and falls. In addition, lawsuits may also be filed for physical injuries, such as pain and suffering and loss of companionship. In the early stages of your case your lawyer will conduct a thorough investigation of your accident in order to fully comprehend what happened and the magnitude of your damages. He or she will then engage with the insurance company of the party who is at the fault. Your lawyer will stay in touch with you about any significant developments and negotiations throughout the process. After negotiations are unsuccessful, your lawyer will file an official complaint in court against defendant. A complaint is the first official document in a civil suit that identifies the parties, details the incident, claims that there was wrongdoing and demands compensation. The complaint must be served personally and must be handed over physically to the defendant. It usually takes about a month. After service has been completed the defendant has to “answer” the Complaint within a specified time, which is usually 30 days. The answer will explain whether the defendant denies or acknowledges the allegations in the Complaint. During this phase, your lawyer can submit medical records, documents, and other evidence in support of your case. The lawyer representing the defendant will then respond to these documents, and then the two sides will begin further negotiations. If the parties are unable to come to an agreement and mediation or arbitration might be required prior to your case goes to trial. However, a large percentage of personal injury cases settle out of court. Your lawyer must first pay any businesses that have liens on your award through a specialized escrow fund before issuing you the check.