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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 who is responsible for the incident. The plaintiff is typically the victim. Your lawyer will go through your medical records and other documentation to assess the full extent of your injuries, the costs and damages. This will assist them in preparing and negotiate with the insurance company on behalf of you. Damages If a plaintiff prevails in a personal injury case, the courts award them money to cover their losses. 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: general and special. Special damages are expenses that can be categorized and are measurable, such as medical expenses and lost wages. General damages, like discomfort and pain, and loss of enjoyment are more difficult to quantify. Keep a journal in which you can record how your injuries affected your life. This increases your chances of receiving the maximum amount of compensation for the non-economic damages. This includes the impact on your relationships, daily pain levels, and episodes of mental anguish and how your injuries affect your ability to participate in activities you once took for granted. In a majority of personal injury cases, more than one defendants are responsible. This is most common when an individual or business commits gross negligence, fraud, and criminal intent. The court may also award punitive damage to deter other people from engaging in the same manner. The defendants receive a summons along with an accusation once the lawsuit has been filed. They are then required to submit a response or answer, within 30 days. Typically, defendants deny the allegations made in the complaint. After the answer has been filed, the case moves to the phase of fact-finding, also known as discovery. This is where both parties will exchange relevant information and evidence, including taking depositions under the oath. This phase takes up the majority of the personal injury timeline. Statute of limitations If you file a lawsuit for injury after the statute of limitations has expired you could lose the right to collect damages. It is important to consult a personal injury attorney as soon as you can, even if you're not certain if the incident occurred before the timeframe. A statute of limitations is a state law which sets a deadline for filing an action. In many states, the statute of limitations runs on the date of the accident or incident that led to your injuries. The deadline for filing a lawsuit for personal injury also varies depending on the person you're suing. If you want to sue an entity of municipal government (such as a county or city) the deadline will be shorter. There are other situations which could change the statute of limitations in your situation. For instance, if were exposed to toxic substances or suffered medical malpractice, the time limit may begin when you discover, or reasonably should have discovered, that your injuries were the result of negligence. In certain instances, minors are exempt from the statute of limitations. If you file an injury claim after the statute of limitations has expired the defendant will most likely point this out to the court and request the case to be dismissed. If this occurs, the court will dismiss your claim in a sweeping manner without hearing. It is essential to contact an attorney who specializes in personal injury as soon as possible to discuss your case and determine if you have an official claim. Complaint A complaint is a formal legal document filed by a party that asserts a cause of action and demands judicial relief. The complaint should also indicate what kind of compensation the plaintiff is seeking. The defendant is then required to respond within a certain timeframe. In general the case, a defendant will deny the claim. If the defendant fails to respond to the claim, a default judgment could be entered in favor of the petitioner. In most cases, personal injury claims can result in bodily injury. Your attorney will ensure that you are compensated both for medical bills currently incurred as well as any future expenses. These include things like medication or home care, as well as physical therapy. You may also be able to claim any loss in quality of life caused by your injury. This includes the inability to walk, drive or sleep normally. This kind of injury is referred to as pain and suffering. The court will call an initial conference once the complaint is filed to schedule any mandatory oral or physical examinations and also the production of any documents. Following the conference your lawyer will draft a Bill of Particulars. It is a comprehensive description of your injuries. It will include all of your losses including the cost of your current and anticipated future medical bills, lost earnings and property damage. Your lawyer will also detail the grievous emotional distress and disfigurement, the loss of enjoyment of life, and any other damages that you are seeking. If your case is found to be probable cause, you will be scheduled for an open hearing. If your complaint is dismissed due to a determination of no probable reason or because the court lacks authority, you can appeal the decision. Summons The formal lawsuit starts with the issue of a summons. The plaintiff submits a complaint to the court and then sends the defendant a copy by certified or registered post within a certain time frame. The defendant has to respond, or else risk a default judgment against them. Your New York City personal injuries attorney will file an Bill of Particulars that outlines the injuries and damages suffered by you in greater depth. It could include photographs of your injuries, medical bills and lost wages. It also contains details about the incident and the manner in which the defendant is responsible for your harm. In the middle of a lawsuit, also known as “discovery,” each party gets to ask questions and look over evidence held by the other party. Your lawyer will be crucial in this phase of negotiations because the representatives of the defendant want to have complete information prior to making settlement offers. Your lawyer can also request that you are examined by a doctor they choose in connection with the damages or injuries you're claiming. If you don't attend, the judge could dismiss your case or require that you pay the defendant the costs of their examination. After the 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 schedule a trial. During the trial the jury will decide if the defendant is accountable for the accident and the injuries you suffered. If the defendant is at fault and the jury awards you damages. If the defendant is not accountable and the jury decides to deny your claim. Trial Personal injury claims can cover a wide range injuries, such as emotional distress, wrongful deaths (libel or slander) as well as physical injuries from accidents like car crashes and falls. A lawsuit could also be filed for injuries that are not physical, 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 the cause of the incident and the extent of your losses. Then, he or she will work with the insurance company. Your attorney will stay in contact with you regarding any significant developments and will also negotiate throughout the entire process. If negotiations don't work and your lawyer is unable to resolve the issue, he will file a formal complaint in court against defendant. A Complaint, the first official document of civil lawsuits, names all parties, details the incident and lays out allegations of wrongdoing. It also requests compensation. The complaint must be served personally which means it must be delivered physically to the defendant. This usually takes around one month. After service, the defendant is given 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 can provide medical records, documents as well as other evidence in support of your case. The defendant's attorney will respond to these documents and then the two sides will begin negotiations. If Indio injury lawyer You Tube are not able to come to an agreement, mediation or arbitration may be required prior to your case is put to trial. A significant portion of personal injury cases are settled outside of court. Once a settlement is reached, your lawyer has to pay any businesses that have lien on the settlement out of a separate account in escrow before he/ will issue you an official check.