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How Personal Injury Lawsuits Work A personal injury lawsuit is a civil battle regarding compensation for financial losses and losses. In these cases the defendant is typically the one who is at fault. The plaintiff is typically the victim. Your attorney will examine your medical records and other documentation to determine the extent of your injuries, expenses and damages. This will allow them to prepare and negotiate with the insurance company on behalf of you. Damages When a plaintiff wins a personal injury case the courts award them money to cover their losses. These funds may be awarded in a lump sum or distributed over time as part of a structured settlement. These funds are known as compensatory damages. There are two types of compensatory damages: special and general. Special damages are costs which can be listed and are measurable like medical expenses and lost wages. General damages are harder to quantify a dollar amount on, such as the suffering and pain, and the loss of enjoyment of life. Keeping a journal detailing how your injuries have affected you can help improve the odds of obtaining the maximum amount of compensation for non-economic damages. These include the effects on your relationships, your daily pain levels, and episodes of mental anxiety, and how your injuries impact your ability to take part in activities that you used to take for granted. In many personal injury lawsuits, there are multiple defendants. This is especially common when a business or an individual is guilty of reckless negligence, fraud, and criminal motives. The court can also award punitive damages to deter others from committing the same manner. The defendants are served with a summons with an accusation once the lawsuit has been filed. The defendants will be required to provide a response (also known as an answering) within 30 days. Usually, the defendants deny the allegations in the complaint. After the answer has been filed, the case is moved to a stage of fact-finding known as discovery. This is the time when the parties exchange pertinent information and evidence, including depositions under the oath. This stage accounts for the majority of the time in the timeline of personal injury lawsuits. Statute of limitations If you make a claim for injury after the statute of limitations expires, it's 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 whether the incident occurred before the deadline. A statute of limitations is a law of the state that establishes a deadline for filing lawsuits. In the majority of states, the statute of limitations runs with the date of the incident or accident that led to your injuries. The deadline for filing a lawsuit for personal injuries is dependent on the person you are suing. If you are suing an entity that is a part of the municipal government (such as the city or county) the deadline will be shorter. In Mount Vernon injury lawyer there are certain circumstances that can change the statute of limitations in your case. If you were exposed toxic substances or suffered from medical malpractice, for instance, the statute of limitation could begin when you realize or ought to have known that your injuries are the result of negligence. In some cases, minors are exempt from the statute of limitation. If you submit an injury claim after the statute of limitation has expired Your defendant is likely to tell the court about this and request that your lawsuit be dismissed. In this scenario the court will dismiss your claim summarily without hearing. That's why it is important to talk with an experienced personal injury lawyer early on to discuss your case and determine whether you have a legitimate legal claim. Complaint A complaint is a formal legal document that is filed by a person who alleges a cause for action and seeks the judicial remedy. The complaint must also specify the type of relief the plaintiff is seeking. The defendant must then respond within a set timeframe. A defendant is likely to decline to respond. If the defendant fails to respond, a default judgment may be granted in favor of the petitioner. In the majority of cases, personal injury claims involve actual bodily harm. Your attorney will ensure that you get paid for your current medical bills and any future costs. These include things like 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 things like the inability to drive, sleep or walk normally. This type of damages is known as suffering and pain. When a complaint is filed and the court is notified, they will hold a preliminary meeting to plan mandatory physical and oral examinations as well as any document production. Your lawyer will then prepare an Bill of Particulars. It is a thorough description of your injuries. This will include your losses including your current and future medical expenses as well as lost wages and property damage. Your lawyer will also outline the grievous emotional distress and disfigurement, the loss of enjoyment of life, and any other damages that are not monetary you are seeking. If your case is deemed to have probable cause you will be scheduled for an open hearing. If your complaint is dismissed because of a determination of no probable cause or because the court is not in authority, 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 then sends the defendant a copy by certified or registered post within a specific time. The defendant has to respond or risk a default judgment against them. Your New York City personal injuries attorney will prepare a Bill of Particulars that outlines the injuries and damages suffered by you in more detail. This may include photos of your injuries, medical expenses and lost wages. It also contains details about the accident and what the defendant is accountable for your injuries. In the middle of a lawsuit, also known as “discovery,” each party is allowed to ask questions and look over evidence that is held by the other party. Your attorney is crucial in this phase of negotiations because the representatives of the defendant want to have full information before making settlement offers. Your lawyer may also request that you be examined by a doctor of their choosing in relation to the injuries and damages you're seeking. If you do not take part, the judge may dismiss your case or order that you pay the defendant the costs of their examination. After the discovery and inspection, attorneys on both sides can file a document called “Notice of Issue & Statement of Ready for Trial” to inform the court that their case is ready to go to trial. The judge will then set the date for a trial. During the trial the jury will determine if the defendant is responsible for the accident and the injuries you sustained. If the defendant is at fault and the jury awards you damages. If the defendant isn't at fault then the jury will deny your claim. Trial A personal injury case encompasses a range of injuries that include wrongful death, emotional distress (libel and slander); and physical harm caused by accidents like car crashes and falls. A lawsuit could also be filed for injuries that are not physical such as discomfort and pain, as well as loss of companionship. In the early stages of your case your lawyer will conduct a thorough investigation of the accident to determine what happened and the magnitude of your damages. He or she will then discuss the matter with the insurance company of the party who is at fault. Your attorney will stay in touch with you about any significant developments and will also negotiate throughout the process. If negotiations fail, your lawyer will file a formal complaint in the court against the defendant. A Complaint, which is the first official document filed in a civil suit, lists all parties, details the incident and lays out allegations of wrongdoing. It also seeks compensation. The complaint must be personally served, which means that it must be handed over physically to the defendant. It usually takes about a month. After service, the defendant has 30 days to “answer” the Complaint. The answer will reveal whether the defendant denies or accepts the allegations in the Complaint. In this phase your lawyer will provide medical records, documents as well as other evidence to prove your case. The defendant's lawyer will submit an answer to these documents and the two parties will then engage in further discussions. If the parties can't come to an agreement, mediation or arbitration could be required before a trial can take place. A significant number of personal injury cases are settled out of court. Your lawyer must first pay any company with liens on your monetary award from a specific account before distributing an actual check.