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How Personal Injury Lawsuits Work Personal injury lawsuits are civil disputes involving the compensation for losses or injuries. In these cases, the defendant is usually the one responsible for the incident. The plaintiff is typically the victim. Your lawyer will go through your medical records and other documents to understand the full 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 is successful in an injury lawsuit, the courts award them funds to cover their losses. These funds can be awarded in one lump sum or paid 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 quantified that can be categorized for medical expenses and lost earnings. General damages, such as discomfort and pain, and loss of enjoyment of life are more difficult to quantify. Keep a journal to document how your injuries affected your life. This will increase your chances of receiving the maximum amount of compensation for any non-economic losses. This includes the effect on your relationships, your pain levels on a daily basis mental stress and your ability to perform things you once took for granted. In many personal injury cases, multiple defendants are at fault. This is most common when an individual or business commits the most blatant negligence, fraud and criminal motives. The court can also award punitive damage to discourage others from engaging in the same manner. The defendants are served with an order with a complaint after the lawsuit has been filed. They are then required to submit a response or answer within 30 days. Usually, the defendants will deny the allegations made in the complaint. After the answer is filed, the case moves to a stage of fact-finding known as discovery. This is when the parties exchange pertinent information and evidence, which includes taking depositions under the oath. This is where you will find the majority of time in a personal injury lawsuit timeline. Statute of limitations If you file a lawsuit for injury after the statute of limitations has expired you could lose your right to recover damages. It is important to consult an attorney in personal injury as soon as you can even if you're unsure sure whether the accident occurred before the deadline. A statute of limitations is a state law that sets a time limit on the amount of time you must file an injury lawsuit. In many states, the statute of limitations runs with the date of the accident or incident which caused your injuries. The deadline to file a lawsuit for personal injuries is dependent on the individual you are seeking to sue. If you want to sue an entity of municipal government (such as the city or county), the deadline will be shorter. There are certain circumstances which could change the statute of limitations in your case. If you were exposed toxic substances or suffered from medical malpractice, for example the statute of limitations can begin when you discover or reasonably ought to have realized that your injuries are the result of negligence. In certain cases, the statute of limitations is tolled for minors. If you file an injury claim after the statute of limitations has expired the defendant will most likely inform the court and request your lawsuit to be dismissed. In this scenario, the court will dismiss your claim summarily without hearing. It is crucial to speak with a personal injury lawyer immediately to discuss your situation and determine if you are eligible to file a legal claim. Complaint A complaint is a legal document filed by a plaintiff that asserts an action, and a demand for legal relief. The complaint should also indicate the kind of compensation that the plaintiff seeks. The defendant must then respond within a certain timeframe. A defendant is likely to deny the claim. If the defendant does not respond to the claim, a default judgement may be entered in favor of the petitioner. In most cases, personal injury claims involve actual bodily injury. Your attorney will ensure that you are compensated both for the medical bills you are currently paying and any future expenses. This includes things like medications as well as home care and physical therapy. You can also claim for any loss in your quality of life that is resulted from your injury. This includes things like the inability to walk, drive, or sleep normally. This type of damages is referred to as suffering and pain. If a complaint is filed and the court is notified, they will convene a preliminary conference to set the date for obligatory oral and physical examinations, as well as any document production. After the conference, your lawyer will prepare an Bill of Particulars. This is a detailed description of your injuries. It will include your losses including future and present medical expenses, lost wages and property damage. Your lawyer will detail any emotional distress, disfigurement, or loss of enjoyment in life and any other damages that are not monetary that you seek. If your case is determined to have probable cause, you will be scheduled for an open hearing. If the complaint is dismissed as a result of a decision that there is no probable cause or because the court does not have jurisdiction, you are able to appeal the decision. Summons The formal lawsuit process starts with a summons as well as a complaint. The plaintiff files the complaint with an appropriate court and then sends a copy of the document to the defendant via registered or certified mail within a specified timeframe. The defendant must respond, or they 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 suffered by you in more depth. It could include photographs of your injuries, medical bills and lost wages. The document also contains details about the incident and how you think the defendant is responsible for the damage. In the middle of a lawsuit, called “discovery” in which each party is able to ask questions and look over evidence presented by the opposing party. The representatives of the defendant will want to have complete information before making settlement offers, therefore your attorney will play a crucial role in negotiations during this stage. Dearborn injury lawsuit can also ask to have you examined by a doctor they choose for the damages or injuries you're seeking. If you fail to attend, the judge may dismiss your case, or demand that you pay the defendant the costs of their examination. After a discovery and inspection, attorneys on both sides can file a form called “Notice of Issue & Statement of Ready for Trial” to inform the court that their case is ready to go to trial. The judge will then set the date for the trial. During the trial the jury will determine if the defendant is responsible for the accident and injuries. If the defendant is at fault the jury could award you damages. If the defendant isn't accountable and the jury decides to deny your claim. Trial Personal injury lawsuits can cover a wide variety of injuries, including wrongful death, emotional distress (libel or slander) and physical injury from accidents, such as car crashes and falls. In addition, lawsuits may also be filed for non-physical injuries such as pain and suffering and loss of companionship. Your lawyer will conduct a thorough investigation regarding your accident in the early stages of the case to determine the precise cause and extent of your injuries. The lawyer will then engage with the insurance company of the party who is at the fault. Your attorney will keep you up to current on any negotiations and significant developments during this process. If negotiations are unsuccessful, your lawyer will file an official complaint in court against defendant. A complaint, the first official document of a civil suit, lists all parties, outlines the incident, and claims that there was wrongdoing. It also demands compensation. The complaint must be served personally, which means that it must be handed over physically to the defendant. This usually takes around one month. After service, the defendant will have 30 days to “answer” the Complaint. The answer will tell you if the defendant admits to the allegations made in the Complaint or denies them. During this stage your lawyer could submit documents, medical records and other evidence to back 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 cannot reach an agreement, mediation or arbitration could be required prior to a trial can take place. A significant number of personal injury cases are settled out of court. After a settlement has been reached, your lawyer has to pay any companies with liens on the monetary settlement out of a separate account for escrow before he or they can issue an official check.