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How Personal Injury Lawsuits Work A personal injury lawsuit is a civil battle over monetary compensation for injuries and losses. These cases often involve a person at 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, expenses and damages. This will help them prepare and negotiate on your behalf with the insurance company. Damages If a plaintiff prevails in a personal injury case, the courts award them funds to pay for their damages. These funds may be awarded in one lump sum or paid over time 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 those that can be quantified that can be listed like medical bills and lost earnings. General damages, such as pain and discomfort and loss of enjoyment of life, are more difficult to quantify. Writing down the way your injuries have affected you your chance of winning the maximum amount of compensation for non-economic damages. This includes the effect on your relationships, daily pain levels as well as mental anxiety and your ability to perform activities you used to take for granted. In a lot of personal injury cases, more than one defendants are accountable. This is most common when a person or business commits criminal intent, fraud or gross negligence. The court can also give punitive damages to discourage others from committing the same manner. The defendants receive an order with a complaint after a lawsuit has been filed. The defendants will be required to respond (also known as an answering) within 30 days. Typically, defendants will not deny the allegations contained in the complaint. After the answer has been filed, the case is moved to a stage of fact-finding known as discovery. The parties will share information and evidence in this stage and may even conduct depositions. This is the majority of the personal injury timeline. Statute of limitations If you file a lawsuit for injury after the statute of limitations expires, it is likely that you'll lose the right to damages. It is important to consult an attorney in personal injury whenever you can, even if you're not certain whether the incident occurred within the timeframe. A statute of limitation is a law of the state that sets a deadline for filing an action. In the majority of states the statute of limitations begins the date of the incident or incident led to your injuries. The deadline for filing a personal injury lawsuit also varies depending on the person you are suing. For instance, if you would like to sue a local government agency (such as a county or city), the deadline is significantly shorter. Additionally there are certain circumstances which could change the statute of limitations in your case. If you were exposed to toxic substances or were the victim of medical malpractice, for instance, the statute of limitation could begin when you realize or reasonably should have known that your injuries are due to negligence. In certain instances, minors are exempt from the statute of limitations. If you submit a claim for injury after the statute of limitations has expired Your defendant is likely to tell the court about this and ask to dismiss your claim. If Lynwood injury lawyer happens, the court will dismiss your claim in a sweeping manner without hearing. It is essential to contact a personal injury lawyer as soon as you can to discuss your situation and determine if you are eligible to file a legal claim. Complaint A complaint is an official legal document filed by a party who alleges a cause for action and seeks legal relief. The complaint should also indicate the kind of compensation that the plaintiff seeks. The defendant is then required to respond within a set timeframe. The defendant is usually able to deny the claim. If the defendant does not respond, a default judgment could be granted to the petitioner's behalf. In the majority of cases, personal injury claims involve actual bodily injury. Physical injuries can be extremely costly, and your attorney will work to ensure that you receive compensation for any current medical bills and any future costs that are anticipated. This includes things like medications as well as home care and physical therapy. In addition, you can claim compensation for any loss in quality of life resulting from your injuries. This includes things like the inability to drive, sleep or walk normally. This kind of injury is referred to as pain and suffering. When a complaint is made and the court is notified, they will hold a preliminary meeting to plan mandatory physical and oral examinations, as well as any document production. Your lawyer will then draft a Bill of Particulars. It is a thorough description of your injuries. This will include your losses including your current and future medical expenses loss of wages, as well as property damage. Your lawyer will detail any emotional distress, disfigurement or loss of enjoyment as well as any other damages not monetary you are seeking. If the case is deemed to have probable cause your case will be scheduled for public hearing. If your complaint is rejected due to a determination of no probable reason or because the court lacks jurisdiction, you can appeal the decision. Summons The formal process of a lawsuit begins with a summons as well as a complaint. The plaintiff submits a complaint to the court and sends the defendant a copy by registered or certified mail within a specified time. The defendant has to respond or risk 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 specific detail. It could include photographs of your injuries, medical bills and lost wages. It may also include details of the accident and what the defendant is accountable for your harm. During the middle phase of a lawsuit, also known as “discovery”, each party is able to ask questions and review evidence provided by the other party. Your attorney is crucial in this stage of negotiations because the defendant's representatives want complete information prior to making settlement offers. Your lawyer can also ask to have you examined by a doctor they select in connection with the injuries or damages you're seeking. If you don't attend, the judge may dismiss your case, or demand that you pay the defendant the cost of their examination. After a discovery and inspection, attorneys from both sides may file a document called “Notice of Issue and Statement of Ready for Trial” to inform the court that their case is prepared to go to trial. The judge will then set an appointment date for the 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 for the accident, the jury will award you damages. If the defendant is not accountable and the jury denies your claim. Trial Personal injury claims can cover a wide range of injuries, including emotional distress, wrongful death (libel or slander), and physical harm from accidents, such as car crashes and falls. In addition, lawsuits can also be filed over non-physical injuries like pain and suffering and loss of companionship. In the beginning of your case your lawyer will conduct a thorough investigation of the accident to determine what happened and the magnitude of your injuries. Then, he or she will work with the insurance company of the at-fault company. Your lawyer will keep you informed and up to date on any negotiations and important developments throughout the process. If negotiations don't work, your lawyer will file a formal complaint in court against defendant. A complaint, the first official document filed in civil lawsuits, names all parties, describes the incident, and claims that there was wrongdoing. It also requests compensation. The defendant must be personally served with the complaint, which is to say it must be physically delivered to him or her. It usually takes about a month. After service is completed and the defendant is required to “answer” the Complaint within a specified time frame, which is typically 30 days. The answer is whether the defendant is willing to admit the allegations in the Complaint or denies them. During this time, your lawyer can provide medical records, documents as well as other evidence in support of your case. The lawyer for the defendant will provide a response to these documents and the two parties will continue to negotiate. If the parties can't come to an agreement, mediation or arbitration may be required before a trial can take place. However, a substantial portion of personal injury cases are settled out of court. Your lawyer must first pay any companies that have liens on your award from a special escrow fund before issuing you an actual check.