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How Personal Injury Lawsuits Work A personal injury lawsuit is a civil battle over the amount of compensation for injuries and losses. These cases often involve a party who is at the fault (defendant) and an injured party known as the plaintiff. Your lawyer will go through all of your medical records along with other documentation, in order to determine the totality and cost of your injuries and the damages. This will allow them to prepare and negotiate on your behalf with the insurance company. Damages When a plaintiff wins in a personal injury claim, the judge awards the plaintiff a sum of money to cover damages. These funds can be awarded as lump sums or spread out over a time period in an agreed settlement. These funds are known as compensatory damages. There are two types of compensatory damages: special and general. Special damages are those that can be quantified that can be categorized, such as medical bills and lost earnings. General damages are harder to put a dollar amount on, such as the suffering and pain, and the loss of enjoyment of life. Keep a diary of how your injuries have affected your chance of winning maximum compensation for non-economic damages. This includes the impact on your relationships, your daily pain levels, and episodes of mental stress and how your injuries affect your ability to engage in activities you once took for taken for granted. In a majority of personal injury cases, more than one defendants are responsible. This is particularly true when a business or an individual commits reckless negligence, fraud, and criminal motives. The court can also award punitive damages to discourage others from doing the same thing. The defendants receive an order with a complaint once a lawsuit is filed. They must file a response which is also known as an answer within 30 days. Usually, defendants deny the allegations in the complaint. After the answer has been filed, the case is moved to an investigation known as discovery. This is the time when both parties will exchange relevant information and evidence, including depositions under oath. This is the stage that accounts for the majority of time in the timeline of personal injury lawsuits. Statute of limitations If you make a claim for injury after the statute of limitation expires, it is possible that you will 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 unsure sure whether the accident occurred within the timeframe. A statute of limitations is a law in a state that provides a time frame for filing lawsuits. In most states the statute of limitations begins on the date of the accident or incident which caused your injuries. The time limit to file a lawsuit is dependent on the person you are suing. If you are suing an entity that is a part of the municipal government (such as a county or city) the deadline is shorter. In addition, there are certain situations which could change the statute of limitations in your particular case. If you were exposed to toxic substances or were the victim of medical malpractice, for example the statute of limitations can begin when you discover or ought to have known that your injuries are due to negligence. In some cases, the statute of limitations can be tolled for minors. 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 could dismiss your claim in a sweeping manner without a hearing. This is why it's important to talk with an experienced personal injury lawyer as soon as possible to discuss your case and determine whether you have a valid legal claim. Complaint A complaint is a formal legal document filed by a plaintiff that declares a cause of action and demands the judicial remedy. The complaint should also define the type of relief the plaintiff is seeking. The defendant is then required to respond within a set time period. The defendant is usually able to deny the claim. If the defendant fails to respond to the claim, a default judgment could be entered in favor of the petitioner. Personal injury claims are usually founded on bodily injury. Physical injuries can be extremely expensive, and your attorney will work to ensure that you receive compensation for any current medical bills as well as any future expenses you anticipate. This includes things like medications or home care, as well as physical therapy. Additionally, you can claim for any loss of quality of life that is caused by your injuries. This includes the inability to walk, drive or sleep normally. This kind of damage is referred to as suffering and pain. When a complaint is made and the court is notified, they will convene a preliminary conference to plan the mandatory oral and physical examinations as well as any document production. Your lawyer will then draft a Bill of Particulars. This is a detailed description of your injuries. It will include all your losses including the cost of your present and future medical expenses, lost earnings and property damage. Your lawyer will detail any emotional distress, disfigurement, or loss of enjoyment as well as any other non-monetary damages that you seek. If the case is deemed to be a probable cause, your case will be scheduled for public hearing. If the complaint is dismissed as a result of a decision that there is no probable cause or because the court doesn't have jurisdiction, you can appeal the decision. Summons The formal lawsuit starts with the issue of a summons. The plaintiff files a complaint with the court and then sends the defendant a copy by registered or certified mail within a certain time frame. The defendant must respond or risk a default judgment against them. Your New York City personal injuries attorney will prepare a Bill of Particulars that outlines the damages and injuries sustained by you in more detail. It may include photographs of your injuries, medical bills and lost wages. The document also contains details about the accident and how you think the defendant is responsible for the harm. During the middle phase of a lawsuit, also known as “discovery” the parties has the opportunity to ask questions and review evidence presented by the other party. Alexandria injury lawsuit youtube.com will need to have all the facts before making settlement offers, and your attorney plays a significant role in negotiations during this stage. Your lawyer can also request that you are examined by a doctor they choose in relation to the damages or injuries you're claiming. If you fail to attend, the judge may dismiss your case or order that you pay the defendant for the costs of their examination. After discovery and inspection have been completed, the lawyers on both sides can file a document known as the “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 the date for a trial. During the trial, the jury will decide if the defendant was accountable for the accident and the injuries you sustained. If the defendant is liable for the accident, the jury will award you damages. If the defendant isn't accountable, the jury will deny your claim. Trial Personal injury claims can cover a broad variety of injuries, including emotional distress, wrongful deaths (libel or slander) and physical injury caused by accidents such as car crashes and falls. Additionally, lawsuits can also be filed over non-physical injuries like pain and suffering and loss of companionship. In the early 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 injuries. Then, he will negotiate with the at-fault party's insurance company. Your attorney will stay in contact with you regarding any significant developments and negotiations throughout the entire process. After negotiations are unsuccessful the lawyer will file a formal complaint in court against defendant. A Complaint, which is the first official document in a civil suit, identifies all parties, details the incident, and claims that there was wrongdoing. It also requests compensation. The complaint must be served personally which means it must be delivered physically to the defendant. It typically takes 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 stage your lawyer could submit medical records, documents and other evidence to support your argument. The defendant's attorney will respond to these documents and then the two sides will begin negotiations. If the parties are unable to reach an agreement, mediation or arbitration may be required prior to your case can go to trial. However, a significant percentage of personal injury cases settle out of court. Your lawyer must first pay any companies that have liens on your award from a specific money escrow before distributing an actual check.