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How Personal Injury Lawsuits Work A personal injury lawsuit is a civil dispute over the amount of compensation for injuries and losses. In these situations, the defendant is usually the person responsible for the incident. The plaintiff is usually the party who is injured. Your lawyer will go through your medical records and other documents to determine the extent of your injuries, costs and damages. This will allow them to prepare and negotiate on your behalf with the insurance company. Damages When a plaintiff wins an injury lawsuit, the courts award them money to pay for their damages. The funds can be awarded in one lump sum or distributed over time as part of a structured settlement. These funds are also known as compensatory damages. There are two kinds of compensatory damages: special and general. Special damages are those that can be itemized and are measurable, such as medical expenses and lost wages. General damages are difficult to quantify a dollar amount on, like the suffering and pain, and the loss of enjoyment of life. Keep a diary to record the way your injuries affected your life. This increases your chances of receiving the maximum amount of compensation for noneconomic damages. This includes the effect on your relationships, daily pain levels as well as mental anxiety and your ability to perform things you used to take for granted. In many personal injury lawsuits, there are multiple defendants. This is the most frequent scenario when a business or person is guilty of fraud, criminal intent or gross negligence. 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 will then be required to respond or answer within 30 days. Typically, defendants will deny the allegations made in the complaint. After the answer is filed the case will move to a fact-finding stage known as discovery. This is the time when both parties will share relevant information and evidence, which includes taking depositions under oath. This stage accounts for the majority of time in a personal injury lawsuit timeline. Statute of limitations If you bring a lawsuit to recover for injuries after the statute of limitations expires, it is likely that you'll lose the right to damages. That's why it's crucial to speak with an attorney for personal injury about your case early, even if you are not certain if the incident happened within the deadline. A statute of limitations is a law of the state that sets a deadline for filing an action. In many states the statute of limitations starts on the date that the accident or incident caused your injuries. The deadline to file a lawsuit for personal injuries also varies depending on the person you are suing. For instance, if want to sue a municipal government entity (such as a city or county) the deadline is much shorter. In addition, there are certain situations that can change the statute of limitations in your case. If you were exposed to toxic substances or suffered from medical malpractice, for example the statute of limitations may begin when you discover or reasonably ought to have realized that your injuries are the result of negligence. In some cases, minors are exempt from the statute of limitations. If you submit an injury claim after the statute of limitation has expired Your defendant is likely to tell the court about this and ask that your lawsuit be dismissed. In this scenario the court will dismiss your claim in a hurry without a hearing. It is crucial to speak with an attorney for personal injuries as soon as you can to discuss your situation and determine if you have a legal claim. Complaint A complaint is an official legal document that is filed by a party that alleges a cause for action and seeks legal relief. The complaint should also define the kind of compensation the plaintiff is seeking. The defendant is then required to respond within a certain time frame. The defendant is usually able to decline to respond. If the defendant fails to respond to the claim, a default judgment could be entered in favor of the petitioner. Most personal injury claims involve actual bodily harm. Your attorney will make sure that you are compensated both for the medical bills you are currently paying and any future expenses. These costs include medical expenses, home care, and physical therapy. Additionally, you can claim for any loss of quality of life resulting from your injuries. This includes things like being unable to drive, sleep or walk normally. This kind of injury is called pain and suffering. The court will schedule the preliminary conference after the complaint has been filed to schedule any mandatory oral or physical examinations, and also the production of any documents. After the conference, your lawyer will prepare a Bill of Particulars. It will provide a full description of your injuries. It will include all your losses, including the costs of your present 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 non-monetary damages you seek. If the case is determined to be probable cause your case will be scheduled for public hearing. If your complaint is dismissed due to a finding of no probable cause or because the court is not in authority, you can 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 of the complaint via certified or registered post within a specific time. 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 sets out the injuries and damages you've suffered in greater detail. Roswell injury lawsuit could include photos of your injuries, medical expenses and lost wages. It may also include details of the incident and the manner in which the defendant is responsible for your injuries. During the middle part of a lawsuit, also known as “discovery,” each party gets to ask questions and inspect the evidence of the other party. The defendant's representatives will need to have complete information before making settlement offers, so your attorney will play an important role in negotiations during this time. Your lawyer can also ask to have you examined by any doctor they choose in regard to the injuries and damages you're claiming. If you don't take part, the judge may dismiss your case or order that you pay the defendant their examination costs. Once discovery and inspection are completed, attorneys on both sides may file a document known as an “Notice of Issue” and a “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, a jury will decide whether the defendant is at fault for the accident and your injuries. If the defendant is accountable, the jury will award you damages. If the defendant isn't accountable and the jury denies your claim. Trial A personal injury lawsuit encompasses a range of injuries which include wrongful deaths; emotional distress (libel and slander); and physical harm caused by accidents, such as car crashes and falls. Additionally, lawsuits can also be filed to address non-physical injuries such as suffering and pain, as well as loss of companionship. Your lawyer will conduct research regarding your accident in the beginning stages of the investigation to determine the exact nature and severity of your injuries. Then, he will work with the insurance company of the at-fault company. Your attorney will keep in touch with you about any significant developments and discussions throughout the entire process. If negotiations are unsuccessful the lawyer will file a formal complaint in a court against the defendant. A Complaint is the initial official document in a civil lawsuit that identifies the parties, describes the incident, alleges wrongdoing, and seeks compensation. The defendant must be personally served with the complaint, which means it must be delivered physically to the defendant. It usually takes about a month. After service, the defendant has 30 days to “answer” the Complaint. The answer will reveal whether the defendant denies or admits the allegations contained in the Complaint. During this phase your lawyer may provide medical records, documents and other evidence to support of your case. The lawyer for the defendant will provide an answer to these documents and the two sides will continue to negotiate. If the parties are not able to reach a settlement, mediation or arbitration may be required prior to your case goes to trial. A significant portion of personal injury cases are settled out 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 for escrow before he or she will write you a check.