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How Personal Injury Lawsuits Work Personal injury lawsuits are civil disputes over compensation for losses or injuries. These lawsuits typically involve a person who is at fault (defendant) and an injured party referred to as the plaintiff. Your attorney will review all medical records, as well as other documentation, to determine the full extent and cost of your injuries and damage. YouTube 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 gives them money to pay for damages. These funds can be awarded in an amount in one lump sum or spread over a period of time or as part of a structured settlement. These funds are also known as compensatory damages. There are two kinds: special and general. Special damages are expenses that can be itemized and quantifiable for example, medical expenses and lost wages. General damages, like discomfort and pain, as well as loss of enjoyment are more difficult to quantify. Writing down how your injuries have affected you can help improve your chances of obtaining the most money for damages that are not economic. These include the effects on your relationships, your daily pain levels and bouts of mental stress and how injuries affect your ability to engage in activities that you used to take for granted. In many personal injury lawsuits, there are multiple defendants. This is the most frequent scenario when a business or individual is guilty of criminal intent, fraud, and gross negligence. The court can also make punitive damages in order to discourage others from acting in the same way. Once a lawsuit is filed the defendants will be served with a summons and complaint. They must file a response or answer, within 30 days. Typically, defendants will deny the allegations in the complaint. After the answer is 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, as well as depositions under the oath. This stage takes up the majority of a personal injury timeline. Statute of limitations If you file a lawsuit for injury after the statute of limitations expires, it's likely that you will lose the right to damages. It is essential to speak with a personal injury attorney as soon as you can even if you're not sure whether the accident occurred before the timeframe. A statute of limitation is a law in a state that establishes a deadline for filing a lawsuit. In most states, a statute of limitations starts on the date that the accident or incident caused your injuries. The deadline to file a lawsuit also depends on who you are seeking to sue. If you are suing an entity of municipal government (such as city or county) the deadline will be shorter. Additionally, there are certain situations that could alter the statute of limitations in your particular case. For instance, if you were exposed to harmful substances or a victim of medical malpractice The statute of limitations could begin when you discover, or reasonably should have realized, that your injuries were caused by negligence. In some cases, the statute of limitations may be tolled for minors. If you file an injury claim after the time limit has expired the defendant will likely to inform the court and request the case to be dismissed. In this case the court will dismiss your claim without a hearing. It is crucial to speak with an attorney who specializes in personal injury immediately to discuss your case to determine if you can make an official claim. Complaint A complaint is a formal legal document filed by a person who alleges a cause for action and demands judicial relief. The complaint should also specify what kind of compensation the plaintiff seeks. The defendant is then required to respond within a specified time frame. A defendant is likely to decline to respond. If the defendant does not respond, a default judgment may be granted for the petitioner. Personal injury claims are usually caused by bodily injury. Your attorney will ensure that you receive compensation for your current medical bills and any future expenses. These include things like medication as well as home care and physical therapy. You can also claim for any loss of quality of life that is caused by your injuries. This includes things like being unable to walk, sleep or drive normally. This type of damages is known as pain and suffering. When a complaint is filed, the court will hold a preliminary conference to schedule mandatory physical and oral examinations, as well as any document production. Following the conference your lawyer will draft the Bill of Particulars. This is a detailed description of your injuries. It will include your losses including future and present medical costs loss of wages, as well as property damage. Your lawyer will describe any emotional distress, disfigurement, or loss of enjoyment in life and any other damages not monetary you are seeking. If the case is deemed to be probable cause, your case will be scheduled for an open hearing. If the complaint is dismissed because of a decision that there is no probable cause or because the court does not have jurisdiction, you can appeal the decision. Summons The formal lawsuit begins with the issue of a summons. The plaintiff file a complaint with the court and sends the defendant a copy via certified or registered post within a specific time. The defendant must respond or risk default judgment against them. Your New York City personal injuries attorney will prepare an Bill of Particulars that outlines the damages and injuries sustained by you in more specific detail. It may include photographs of your injuries, medical bills, and lost wages. It may also include details of the accident and what the defendant is responsible for your injuries. In the middle of a lawsuit called “discovery,” each party is allowed to ask questions and examine evidence that is held by the other party. The defendant's representatives will need to have complete information before making settlement offers, and your attorney will play an important role in negotiations during this stage. Your lawyer can also ask that you are examined by a doctor they choose in relation to the injuries or damages you're claiming. If you don't take part, the judge may dismiss your case, or demand that you pay the defendant their examination costs. After a discovery and inspection, attorneys on both sides may file a document called “Notice of Issue and Statement of Ready for Trial” to inform the court that their case is ready for trial. The judge will then decide a trial date. During the trial, a jury will decide if the defendant is responsible for the accident and injuries. If the defendant is liable for the accident, the jury will award you damages. If the defendant is not at fault then the jury will deny your claim. Trial Personal injury lawsuits can cover a wide range injuries, such as emotional distress, wrongful death (libel or slander) and physical injury from accidents, such as car crashes and falls. A lawsuit may also be filed for non-physical injuries such as discomfort and pain and loss of companionship. Your lawyer will conduct research on the accident during the beginning stages of the case to determine the precise cause and extent of your injuries. He or she will then negotiate with the insurance company of the party at the fault. Your lawyer will stay in touch with you about any significant developments and discussions throughout the entire process. After negotiations don't work, your lawyer will file a formal complaint in court against defendant. A complaint, the first official document filed in a civil suit, identifies all parties, describes the incident and lays out allegations of wrongdoing. It also seeks compensation. The complaint must be served personally, which means that it must be physically handed to the defendant. It usually takes about 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 in the Complaint or denies them. During this stage, your lawyer may submit documents, medical records and other evidence to back your argument. The attorney representing the defendant will respond to these documents and the two sides will begin further negotiations. If the parties can't reach an agreement, then 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. Once a settlement is reached, your lawyer has to pay any businesses that have lien on the settlement through a specific escrow account before he or will issue you a check.