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How Personal Injury Lawsuits Work A personal injury lawsuit is a civil battle over the amount of compensation for injuries and losses. In these cases the defendant is typically the person responsible for the incident. The plaintiff is typically the injured party. Your attorney will examine your medical records and other documentation to determine the extent of your injuries, expenses and damages. This will allow them to prepare and negotiate with the insurance company for you. Damages When a plaintiff wins a personal injury case, the courts award them money to pay for their damages. The money can be awarded in a lump sum or spread over a period of time in a structured settlement. These funds are referred to as compensatory damages. There are two types of compensatory damages: general and special. Special damages are expenses that can be itemized and quantifiable like medical expenses and lost wages. General damages, like discomfort and pain, as well as loss of enjoyment of life, are more difficult to quantify. Writing down how your injuries have affected the odds of obtaining the maximum amount of compensation for non-economic damages. This includes the effect on your relationships, pain levels throughout the day mental stress and your ability to perform things you once took for granted. In a lot of personal injury cases, more than one defendants are at fault. This is most common when a person or business acts with criminal intent, fraud or gross negligence. The court can also make punitive damages in order to discourage others from acting in the same way. Once a lawsuit is filed and the defendants are served with a summons and complaint. They must file a response which is also known as an answer within 30 days. Typically, defendants deny the allegations in the complaint. After the answer is filed the case will move to the process of fact-finding, also known as discovery. The parties will exchange information and evidence in this stage and may even conduct depositions. This phase takes up the majority of the timeline for personal injuries. Statute of limitations If you file an injury lawsuit after the statute of limitations has expired, you will likely lose your right to recover damages. That's why it's crucial to speak with a personal injury lawyer about your case as early as possible, even if you are not sure if the accident occurred within the timeframe. A statute of limitations is a state law which sets a deadline for filing a lawsuit. In most states the statute of limitations begins at the time of the incident or accident that led to your injuries. The deadline to file a lawsuit for personal injuries also depends on the person you're seeking to sue. If you intend to sue an entity of municipal government (such as the city or county), the deadline will be shorter. There are certain circumstances that may change the time limit in your particular case. If you were exposed toxic substances or were the victim of medical malpractice, for example the statute of limitations may begin when you discover or ought to have known that your injuries are the result of negligence. In certain instances, the statute of limitations may be tolled for minors. If you file a personal injury claim after the statute of limitations has expired the defendant will most likely inform the court and ask for your lawsuit to be dismissed. In this instance, the court will dismiss your claim in a hurry without a hearing. It is crucial to speak with a personal injury lawyer immediately to discuss your case and determine if you have a legal claim. Complaint A complaint is an official legal document filed by a party who claims a cause of action and seeks legal relief. The complaint must also state what kind of compensation the plaintiff is seeking. The defendant must then respond within a set time period. The defendant is usually able to decline to respond. If the defendant does not respond to the claim, a default judgment could be granted for the petitioner. In the majority of cases, personal injury claims involve actual bodily injury. Your lawyer will ensure that you are compensated both for your current medical bills and any future expenses. These expenses include medication or home care as well as physical therapy. You can also claim any loss in quality of life resulted from your injury. This includes things such as the inability to walk, sleep or drive normally. This type of damages is referred to 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 physical or oral examinations, as well as the production of any documents. After the conference, your lawyer will prepare an Bill of Particulars. It is a thorough description of your injuries. It will include all your losses, including the costs of your current and future medical expenses, lost earnings and property damage. Your lawyer will describe any emotional distress, disfigurement or loss of enjoyment in your life as well as any other damages not monetary you're seeking. If the case is determined to have probable cause the case will be scheduled for a public hearing. If your complaint is dismissed due to a determination of no probable cause or because the court lacks authority, you can appeal the decision. Summons The formal lawsuit starts with a summons. The plaintiff files a complaint with the court and sends the defendant a copy by registered or certified mail within a specific time. The defendant must respond or risk default judgment against them. Your New York City personal injuries attorney will prepare a Bill of Particulars that outlines the damages and injuries suffered by you in greater detail. This could include photos of your injuries, medical bills and lost wages. The document also includes information about the incident and how you think the defendant is responsible for the injury. During the middle phase of a lawsuit, also known as “discovery” the parties is given the chance to ask questions and examine evidence held by the opposing party. Your attorney will be important during this stage of negotiations because the representatives of the defendant want to have complete information before they make settlement offers. Your lawyer can also request that you are examined by a physician they select in connection with the injuries or damages you're claiming. If you do not attend, the court may dismiss your case. Or, Beaumont injury lawyer You Tube may require that you pay for the doctor's examination costs. After discovery and inspection have been completed, the lawyers on both sides may file something called an “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 decide the 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 responsible, the jury will award you damages. If the defendant is not liable and the jury decides to deny your claim. Trial Personal injury claims can cover a broad range injuries, such as emotional distress, wrongful deaths (libel or slander) and physical injury from accidents, such as car crashes and falls. A lawsuit may also be filed for injuries that are not physical such as pain and discomfort and loss of companionship. Your lawyer will conduct research regarding your accident in the early stages of the case to determine the exact cause and the extent of your injuries. Then, he or she will work with the at-fault party's insurance company. Your attorney will keep you up-to the minute on any negotiations or significant developments during this process. After negotiations don't work the lawyer will file an official complaint in court against defendant. A Complaint, which is the first official document of civil lawsuits, names all parties, outlines the incident, and claims that there was wrongdoing. It also demands compensation. The defendant must be personally served with the complaint, which is to say it must be physically delivered to the defendant. It typically takes approximately 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 time, your lawyer can submit documents, medical records as well as other evidence in support of your case. The lawyer representing the defendant will submit an answer to these documents, and the two sides will engage in further negotiations. If the parties cannot reach an agreement, mediation or arbitration could be required before the trial can be held. A significant portion of personal injury cases are settled outside of court. After a settlement has been reached, your lawyer must pay any companies that have lien on the money settlement through a specific account for escrow before he or she will write you an official check.