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How Personal Injury Lawsuits Work Personal injury lawsuits are civil disputes over compensation for injuries or losses. In these situations the defendant is usually the one who is at fault. The plaintiff is usually the party who is injured. Your lawyer will go through all medical records, as well as other documentation, to determine the full extent and cost of your injuries and the damages. This will assist them in preparing and negotiate with the insurance company on behalf of you. Damages If a plaintiff prevails in a personal injury lawsuit the judge gives the plaintiff money to pay damages. These funds may be awarded in one lump sum or spread 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 those which can be listed and are measurable for example, medical expenses and lost wages. General damages, like discomfort and pain, and loss of enjoyment of living are more difficult to quantify. Keep a journal in which you can record how your injuries impacted your life. This will increase your chance of receiving maximum compensation for the non-economic damages. This includes the impact on your relationships, daily pain levels, and episodes of mental anxiety, and how injuries affect your ability to take part in activities you once took for granted. In many personal injury lawsuits there are many defendants. This is most common when an individual or business acts with the most blatant negligence, fraud and criminal motives. The court can also award punitive damages to deter others from committing the same manner. After a lawsuit has been filed, the defendants will receive a summons and complaint. The defendants are required to respond (also called an answering) within 30 days. Usually, defendants will deny the allegations made in the complaint. Once the answer is filed the case will move to a fact-finding stage known as discovery. This is the time when both parties will exchange relevant information and evidence, including taking depositions under the oath. This phase takes up the majority of the personal injury timeline. Statute of limitations If you make a claim for injury after the statute of limitations expires, it is likely that you will lose the right to damages. It is essential to speak with an attorney for personal injuries as soon as possible, even if you're not sure whether the accident occurred within the timeframe. A statute of limitations is a state law that sets a deadline on the time you must file an injury lawsuit. In most states, a statute of limitations starts on the date of the incident or incident caused your injuries. The time limit for filing an injury lawsuit is dependent on the person you are suing. If you want to sue an entity of municipal government (such as a county or city) the deadline will be shorter. Additionally, there are certain situations that could alter the statute of limitations in your situation. For example, if you were exposed to toxic substances or suffered medical negligence The time limit may begin when you discover or should have discovered, that your injuries were caused by negligence. In certain instances, minors are exempt from the statute of limitation. If you make an injury claim after the statute of limitations has expired the defendant will likely tell the court about this and ask to dismiss your claim. In this case the court will dismiss your claim in a hurry without a hearing. It is essential to contact an attorney who specializes in personal injury as soon as you can to discuss your case to determine if you can make a legal claim. Complaint A complaint is an official legal document filed by a party that claims a cause of action and demands legal relief. The complaint should also indicate what kind of compensation the plaintiff seeks. The defendant must then respond within a specified timeframe. In general, a defendant will deny the claim. If the defendant does not respond, a default judgment may be entered in the petitioner's favor. In the majority of cases, personal injury claims are based on actual bodily injury. Physical injuries can be expensive, and your attorney will work to ensure that you are compensated for any existing medical bills as well as any anticipated future expenses. These expenses include medication as well as home care and physical therapy. Additionally, you can claim compensation for any loss in quality of life that is caused by your injuries. This includes the inability to sleep, drive or walk normally. This type of damages is referred to as suffering and pain. The court will call the preliminary conference after a complaint has been filed. The court will schedule any mandatory oral or physical examinations, as well as the production of any documents. Your lawyer will then prepare an Bill of Particulars. It will provide a full description of your injuries. This will include the losses you have suffered including your future and current medical expenses as well as lost wages and property damage. Your lawyer will also describe the possible emotional distress or disfigurement, loss of enjoyment of life and any other non-monetary damages you seek. If the case is found to be probable cause your case will be scheduled for an open hearing. If Danbury injury attorneys is rejected due to a determination of no probable reason or because the court lacks authority, you can appeal the decision. Summons The formal lawsuit begins with a summons. The plaintiff submits the complaint to the court and then sends a copy of the document to the defendant via certified or registered mail within a certain time frame. The defendant must respond or risk default judgment against them. Your New York City personal injury attorney will submit an Bill of Particulars, which describes the injuries and damages you've suffered in greater 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 accountable for your harm. In the middle of a lawsuit, also known as “discovery,” each party is allowed to ask questions and look over evidence 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 time. Your lawyer can also request to have you examined by the doctor of their choice regarding the damages and injuries you're seeking. If you fail to take part, the judge may dismiss your case or require that you pay the defendant for the costs of their examination. After discovery and inspection have been completed, attorneys on each side can file a document known as a “Notice of Issue and Statement of Readiness for Trial.” This informs the court that your case is now ready to go to trial. The judge will then determine the trial date. During the trial the jury will determine if the defendant is accountable for the accident and the injuries you sustained. If the defendant is to blame and the jury awards you damages. If the defendant isn't at fault, the jury will reject your claim. Trial Personal injury claims can cover a broad variety of injuries, including emotional distress, wrongful deaths (libel or slander) as well as physical injuries from accidents, such as car crashes and falls. In addition, lawsuits may also be filed to address physical injuries, such as suffering and pain, as well as loss of companionship. Your lawyer will conduct an investigation on the accident during the initial stages of the investigation to determine the exact nature and severity of your injuries. Then, he or she will work with the insurance company. Your lawyer will keep you up-to current on any negotiations and important developments throughout the process. After negotiations fail and your lawyer is unable to resolve the issue, he will file an official complaint in court against defendant. A Complaint, the first official document in a civil suit, identifies all parties, describes the incident and alleges wrongdoing. It also seeks compensation. The defendant must be personally served with the complaint, which means that it must be physically delivered to the defendant. This typically takes about a month. Once service is complete and the defendant is required to “answer” the Complaint within a specified date, which is usually 30 days. The answer will tell you if the defendant denies or accepts the allegations contained in the Complaint. During this phase, your lawyer can submit medical records, documents and other evidence to support of your case. The attorney representing the defendant will respond to these documents, and then the two sides will start negotiations. If the parties are unable to reach a settlement the mediation or arbitration process could be required prior to your case goes to trial. A significant number of personal injury cases are settled out of court. Your lawyer must first pay any companies that have liens on your award through a specialized money escrow before distributing an actual check.