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How Personal Injury Lawsuits Work A personal injury lawsuit is a civil battle regarding compensation for financial losses and losses. These cases often involve a person who is at the fault (defendant) and an injured party, referred to as the plaintiff. Your lawyer will go through your medical records and other documents to determine the extent of your injuries, the costs and damages. This will allow them to prepare and negotiate with the insurance company on behalf of you. Damages When a plaintiff wins a personal injury lawsuit the courts award them funds to cover their losses. The money can be awarded as lump sums or spread out over a period of time, as part if an agreed settlement. These funds are also known as compensatory damages. There are two types of compensatory damages: general and special. Special damages are measurable costs that can be itemized for medical expenses and lost earnings. General damages, like pain and discomfort and loss of enjoyment of living, are more difficult to quantify. Keeping a journal detailing the way your injuries have affected you the odds of obtaining maximum compensation for non-economic damages. This includes the impact on your relationships, pain levels throughout the day, mental anguish and your ability to do things you once took for granted. In many personal injury lawsuits there are multiple defendants. This is especially true when a business or person commits fraud, criminal intent or gross negligence. The court can also award punitive damages to deter others from acting in the same manner. The defendants will receive a summons with an accusation once the lawsuit has been filed. The defendants will be required to submit a response (also called an answering) within 30 days. Typically, the defendants will contest the allegations made in the complaint. After the answer is filed the case will move to an investigation stage, known as discovery. This is the time when both parties will exchange relevant information and evidence, which includes depositions under oath. This stage takes up the majority of a personal injury timeline. Statute of limitations If you make a claim for injury after the statute of limitation expires, it's likely that you'll lose the right to damages. That's why it's crucial to speak with a personal injury lawyer about your case as early as possible even if not certain if the incident happened within the deadline. A statute of limitations is a state law that sets a time limit on how long you can bring a lawsuit for injury. In the majority of states the statute of limitations begins on the date of the accident or incident that led to your injuries. The deadline for filing a lawsuit for personal injuries also varies depending on the individual you are seeking to sue. If you want to sue an entity that is a part of the municipal government (such as city or county) the deadline will be shorter. There are other situations that could alter the statute of limitation in your situation. If you were exposed toxic substances or suffered from medical malpractice, for example the statute of limitations could begin when you realize or reasonably should have known that your injuries are the result of negligence. In certain instances, the statute of limitations may be extended for minors. If you make a claim for injury after the statute of limitations has expired Your defendant is likely to inform the court about this and request that your case be dismissed. In this case the court will decide to dismiss your claim summarily without a hearing. It is crucial to speak with a personal injury lawyer immediately to discuss your case to determine if you have an official claim. Complaint A complaint is a formal legal document that is filed by a party that asserts a cause of action and seeks the judicial remedy. The complaint must also specify the type of relief the plaintiff seeks. The defendant is then required to respond within a specific time frame. A defendant is likely to 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 involve actual bodily harm. Your attorney will ensure that you are compensated both for your current medical bills and any future expenses. This includes things like medications or home care, as well as physical therapy. In addition, you can claim for any loss of quality of life that is caused by your injuries. This includes things like the inability to walk, sleep or drive normally. This kind of injury is referred to as pain and suffering. If a complaint is filed when a complaint is filed, the court will hold a preliminary conference to schedule the mandatory oral and physical examinations, as well as any document production. After the conference, your lawyer will prepare a Bill of Particulars. This is a detailed account of your injuries. This will include your losses including future and present medical expenses, lost wages and property damage. Your lawyer will outline any emotional distress, disfigurement or loss of enjoyment in your life, as well as any other damages that are not monetary that you seek. If the case is deemed to have probable cause the case will be scheduled for public hearing. If your complaint is dismissed due to a finding of no probable cause or because the court does not have authority, you can appeal the decision. Summons The formal lawsuit process begins with a summons as well as a complaint. The plaintiff submits the complaint to a court and sends a copy of the document to the defendant via registered or certified mail within a specific time frame. The defendant must respond or risk 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 sustained more fully. It could include photos of your injuries, medical bills and lost wages. It also includes details of the accident and how the defendant is accountable for your injuries. During the middle part of a lawsuit, also known as “discovery,” each party has the opportunity to ask questions and inspect evidence that is held by the other party. The defendant's representatives will want to have all the facts before making settlement offers, and your attorney will play an important role in negotiations during this time. Your lawyer can also ask that you be examined by a doctor of their choosing in relation to the injuries and damages you're claiming. If you don't take part, the judge may dismiss your case or require that you pay the defendant for the costs of their examination. After discovery and inspection have been completed, the lawyers on both sides can submit a document referred to as a “Notice of Issue and Statement of Readiness for Trial.” This informs the court that your case is now ready to go to trial. The judge will then determine a trial date. During the trial, the jury will decide if the defendant is accountable for the accident and the injuries you sustained. If the defendant is accountable and the jury awards you damages. If the defendant is not responsible and the jury denies your claim. Trial A personal injury case can result in a variety 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 could also be filed for physical injuries such as pain and discomfort and loss of companionship. In the initial stages of your case your lawyer will conduct a thorough investigation of your accident to fully understand what occurred and the extent of your losses. He or she will then engage with the insurance company of the party at fault. Your attorney will stay in touch with you about any significant developments and discussions throughout the process. Once negotiations have failed, your lawyer will file a formal complaint in the court against the defendant. A Complaint is the initial official document in a civil lawsuit that names the parties, explains the incident, alleges wrongdoing and demands compensation. The complaint must be served personally and must be physically handed to the defendant. This usually takes approximately a month. Once service is complete and the defendant is required to “answer” the Complaint within a specific time frame, which is typically 30 days. The answer will tell you if the defendant is willing to admit the allegations made in the Complaint or denies them. During this time, your lawyer can submit documents, medical records and other evidence to support of your case. The attorney representing the defendant will then reply to these documents and then the two sides will begin further negotiations. If the parties are not able to come to an agreement the mediation or arbitration process could be required before your case goes to trial. However, Lakewood injury lawyer of personal injury cases settle out of court. When a settlement is reached, your lawyer must pay any companies with lien on the award out of a special account in escrow before he/ they can issue an official check.