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How Personal Injury Lawsuits Work Personal injury lawsuits are civil litigation over compensation for injuries or losses. In these situations, the defendant is usually the one who is responsible for the incident. The plaintiff is typically the party who is injured. Your lawyer will go through all of your medical records and other documentation, to determine the totality and cost of your injuries and the damages. This will allow them to prepare and negotiate with the insurance company on behalf of you. Damages If a plaintiff is successful in a personal injury lawsuit the courts award them money to cover their losses. These funds may be awarded in one lump sum or distributed over time as part of a structured settlement. These funds are referred to as compensatory damages. There are two types: general and special. Special damages are the ones that can be quantified that can be categorized, such as medical bills and lost earnings. General damages, like discomfort and pain, as well as loss of enjoyment of living, are more difficult to quantify. Keeping a journal detailing how your injuries have affected your chances 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 activities you used to take for granted. In a lot of personal injury cases, multiple defendants are at fault. This is the most frequent scenario when a person or business commits fraud, criminal intent and gross negligence. The court can also award punitive damages to discourage others from acting in the same way. The defendants are served with an order with an accusation once a lawsuit has been filed. The defendants are required to submit a response (also known as 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 the process of fact-finding, also known as discovery. This is the time when both parties will share relevant information and evidence, as well as taking depositions under oath. This is the stage that accounts for the majority of time in the timeline of a personal injury lawsuit. Statute of limitations If you file a lawsuit for injury after the statute of limitation expires, it is likely that you'll lose your right to receive damages. It is essential to speak with an attorney in personal injury as soon as possible even if you're not sure whether the accident occurred before the deadline. A statute of limitation is a state law which provides a time frame for filing an action. In many states, a statute of limitations starts on the date on which the accident or incident caused your injuries. The time limit for filing a lawsuit for injury is dependent on the person you are suing. For instance, if would like to sue a local government agency (such as a city or county), the deadline is shorter. In addition, there are certain situations 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 limitation can begin when you discover or reasonably ought to have realized that your injuries are due to negligence. In certain instances, the statute of limitations is tolled for minors. If you file a claim for injury after the statute of limitation has expired, your defendant will likely inform the court about this and ask to dismiss your claim. If this occurs, the court could dismiss your claim in a sweeping manner without a hearing. This is why it's important to consult an experienced personal injury lawyer early to discuss your case and determine whether you have a valid legal claim. Complaint A complaint is a formal legal document that is filed by a person who claims a cause of action and demands the judicial remedy. The complaint should also indicate the kind of compensation that the plaintiff seeks. The defendant is then required to respond within a specified time frame. In general, a defendant will not respond to the claim. If the defendant does not respond, a default judgment could be made in favor of the petitioner. Personal injury claims are usually caused by bodily injury. Your attorney will make sure that you get paid for the medical bills you are currently paying and any future expenses. These include things like medication or home care, as well as physical therapy. You can also claim for any loss of quality of life that is caused by your injuries. This includes the inability to sleep, drive or walk normally. This kind of injury is called suffering and pain. If a complaint is filed and the court is notified, they will convene a preliminary conference to set the date for mandatory physical and oral examinations, as well as any document production. Following the conference, your lawyer will prepare a Bill of Particulars. This is a detailed report of your injuries. This will include your losses including your future and current medical expenses as well as lost wages and property damage. Your lawyer will describe any emotional distress, disfigurement, or loss of enjoyment, as well as any other non-monetary damages that you are seeking. If the case is deemed to be a probable cause your case will be scheduled for an open hearing. If the complaint is dismissed as a result of a determination 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 begins with a summons and a complaint. The plaintiff submits a complaint to the court and then sends the defendant a copy of the complaint via certified or registered post within a specific time. The defendant has to respond, or they risk default judgment against them. Your New York City personal injury attorney will prepare an Bill of Particulars, which sets out the injuries and damages you've sustained more fully. This could include photos of your injuries, medical expenses and lost wages. It may also include details of the incident and the manner in which the defendant is responsible for your injuries. During the middle part of a lawsuit, also known as “discovery,” each party is allowed to ask questions and examine evidence that is held by the other party. Your attorney will be important during this stage of negotiations as the representatives of the defendants want full information before making settlement offers. Your lawyer may also request that you be examined by the doctor of their choice in regard to the damages and injuries you're claiming. If you don't attend, the judge may dismiss your case, or demand that you pay the defendant for the cost of their examination. Once discovery and inspection are completed, the lawyers on each side can file something called an “Notice of Issue” and a “Statement of Readiness for Trial.” This informs the court that your case is prepared to go to trial. The judge will then set an appointment date for the trial. 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 and the jury awards you damages. If the defendant is not accountable, the jury will deny your claim. Trial A personal injury case encompasses a range of injuries which include wrongful deaths; emotional distress (libel and slander); and physical harm caused by accidents, such as car crashes and falls. A lawsuit could also be filed for non-physical injuries such as discomfort and pain, as well as loss of companionship. Your lawyer will conduct an investigation on the accident during the initial stages of the case to determine the precise nature and severity of your injuries. The lawyer will then engage with the insurance company of the party at the fault. Your attorney will keep in touch with you about any significant developments and will also negotiate throughout the entire process. After negotiations have failed the lawyer will file a formal complaint in the court against the defendant. A Complaint is the initial official document in a civil lawsuit that identifies the parties, details the incident, alleges wrongdoing, and requests compensation. The defendant must be personally served with the complaint, which means that it must be delivered physically to him or her. This usually takes approximately a month. Once service is complete, the defendant must “answer” the Complaint within a specific time, which is usually 30 days. The answer will tell you if the defendant denies or admits the allegations made in the Complaint. During Elizabeth injury lawsuit will be able to submit medical records, documents and other evidence to support of your case. The lawyer for the defendant will provide a response to these documents and the two sides will continue to negotiate. If the parties are not able to reach a settlement, mediation or arbitration may be required prior to your case can go to trial. A significant number of personal injury cases are settled outside of court. Your lawyer must first pay any company with liens on your monetary award from a special account before distributing a check.