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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. The cases typically involve a person at fault (defendant) and an injured party known as the plaintiff. Your lawyer will go through your medical records and other documentation to determine the extent of your injuries, the costs and damages. This will assist them in preparing and negotiate with the insurance company for you. Damages If a plaintiff is successful in a personal injury lawsuit the judge awards the plaintiff a sum of money to cover damages. The funds may be awarded in a lump sum or spread out over a time period in a structured settlement. These funds are known as compensatory damages. There are two kinds of compensatory damages: specific and general. Special damages are the ones that can be quantified that can be categorized like medical bills and lost earnings. General damages, such as discomfort and pain, as well as loss of enjoyment of life, are more difficult to quantify. Writing down the way your injuries have affected you your chances of obtaining the maximum amount of compensation for non-economic damages. This includes the effect on your relationships, your pain levels on a daily basis, mental anguish and your ability to complete activities you used to take for granted. In a lot of personal injury cases, multiple defendants are accountable. This is most common when an individual or business acts with gross negligence, fraud, and criminal intent. The court can also give punitive damages to discourage others from committing the same way. The defendants receive a summons with an accusation once a lawsuit has been filed. The defendants must provide a response (also called an answering) within 30 days. Typically, defendants contest the allegations made in the complaint. After the answer is filed and the case is referred to as a fact-finding stage known as discovery. This is the time when both parties will exchange relevant information and evidence, which includes depositions under the oath. This stage accounts for the majority of time in a personal injury lawsuit timeline. Statute of limitations If you bring a lawsuit to recover for injuries after the statute of limitation expires, it is likely that you will lose your right to receive damages. It is essential to speak with an attorney in personal injury as soon as you can even if you're not certain if the incident occurred within the timeframe. A statute of limitations is a state law that sets a deadline on the time you have to make an injury lawsuit. In many states the statute of limitations starts at the time of the accident or incident which caused your injuries. The time frame to file a lawsuit is dependent on the person you are suing. For instance, if would like to sue a local government agency (such as a county or city), the deadline is much shorter. In addition, there are certain situations that can change the statute of limitations in your particular case. For instance, if were exposed to harmful substances or suffered medical malpractice The statute of limitations may start when you realize or should have realized, that your injuries were caused by negligence. In certain instances the statute of limitations may be extended for minors. If you submit a claim for injury after the statute of limitations has expired the defendant will likely tell the court about this and request that your lawsuit be dismissed. In this instance the court will dismiss your claim summarily without hearing. That's why it is important to consult an experienced personal injury lawyer early on to discuss your case and determine whether you have a valid legal claim. Complaint A complaint is a legal document filed by a plaintiff which declares an actionable cause and demands the judicial remedy. The complaint should also specify the kind of compensation that the plaintiff seeks. The defendant is then required to respond within a certain timeframe. The defendant is usually able to decline to respond. If the defendant fails to respond, a default judgment could be made in favor of the petitioner. Most personal injury claims involve actual bodily injury. Physical injuries can be expensive, and your lawyer will work to ensure that you get paid for any existing medical bills as well as any future expenses you anticipate. These expenses include medication, home care, and physical therapy. You can also claim compensation for any loss in quality of life that is caused by your injuries. This includes the inability to walk, drive or sleep normally. This type of damage is known as pain and suffering. When a complaint is filed 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 prepare an Bill of Particulars. It is a thorough description of your injuries. It will include all the losses you have suffered which include the cost of your present and future medical bills, lost earnings, and property damage. Your lawyer will describe any emotional distress, disfigurement or loss of enjoyment in your life, as well as any other damages that are not monetary that you're seeking. If your case is determined to be probable cause, you will be scheduled for an open hearing. If the complaint is dismissed as a result of a ruling that there is no probable cause or because the court does not have jurisdiction, you can appeal the decision. Summons The formal lawsuit process starts with a summons and complaint. The plaintiff submits a complaint to the court and then sends the defendant a copy by certified or registered post within a specified 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. This may include photos of your injuries, medical bills and lost wages. It also includes details of the accident and how the defendant is accountable for your harm. During the middle phase of a lawsuit, also known as “discovery”, each party is given the chance to ask questions and look over evidence provided by the opposing party. Your lawyer will be crucial in this stage of negotiations because the representatives of the defendants want complete information before they make settlement offers. Your lawyer can also request to have you examined by a doctor of their choosing in regard to the damages and injuries you're claiming. If you do not show up, the court may dismiss your case. Also, the court may order you to pay for the defendant's exam costs. After the discovery and inspection, attorneys from both sides can file a form called “Notice of Issue and Statement of Ready for Trial” to inform the court that their case is ready to go to trial. Hayward injury lawyers will then decide the trial date. During the trial the jury will determine if the defendant is responsible for the accident and your injuries. If the defendant is accountable, the jury will award you damages. If the defendant is not accountable then the jury will dismiss your claim. Trial A personal injury claim encompasses a range of injuries which include wrongful deaths; emotional distress (libel and slander) as well as physical injuries caused by accidents, such as car crashes and falls. In addition, lawsuits may also be filed to address non-physical injuries like pain and suffering and loss of companionship. Your lawyer will conduct research regarding your accident in the early stages of the investigation to determine the exact cause and the extent of your injuries. He or she will then engage with the insurance company of the party at the fault. Your attorney will keep you up-to the minute on any negotiations or significant developments during this process. If negotiations don't work, your lawyer will file an official complaint in the court against defendant. A Complaint is the first official document in a civil lawsuit that names the parties, explains the incident, argues for wrongdoing and demands compensation. The defendant must be personally served with the complaint, which is to say it must be delivered physically to the defendant. It typically takes a month. After service, the defendant will have 30 days to “answer” the Complaint. The answer is whether the defendant admits to the allegations made in the Complaint or refuses to acknowledge them. During this time, your lawyer can submit documents, medical records as well as other evidence in support of your case. The lawyer representing the defendant will respond to these documents, and then the two sides will start discussions. If the parties are unable to reach a settlement, mediation or arbitration may be required before your case is put to trial. However, a large percentage of personal injury cases are settled out of court. Once a settlement is reached, your lawyer must pay any businesses that have lien on the award out of a special escrow account before he or will issue you a check.