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How Personal Injury Lawsuits Work A personal injury lawsuit is a civil dispute regarding compensation for financial losses and losses. The cases typically involve a person who is at fault (defendant) and an injured party known as the plaintiff. Your attorney will review your medical records and other documents, to determine the totality and cost of your injuries and the damages. This will enable them to prepare and negotiate on your behalf with the insurance company. Damages If a plaintiff is successful in a personal injury claim, the court gives the plaintiff a sum of money to cover damages. The funds may be awarded in lump sums or spread over a period of time or as part of a structured settlement. These funds are known as compensatory damages. There are two types: general and special. Special damages are those which can be listed and are measurable for example, medical expenses and lost wages. General damages are difficult to place a dollar value on, like suffering and suffering, as well as loss of enjoyment of life. Keep a diary to record the way your injuries affected you. This increases your chances of receiving maximum compensation for noneconomic damages. This includes the impact on your relationships, pain levels throughout the day mental stress and your ability to do things you used to take for granted. In many personal injury lawsuits, there are multiple defendants. This is particularly true when a person or business acts with reckless negligence, fraud, and criminal motives. The court can also award punitive damages to deter others from acting in a similar way. The defendants will receive an order with a complaint once a lawsuit is filed. The defendants will be required to provide a response (also called an answering) within 30 days. Typically, defendants deny the allegations made in the complaint. After the answer is filed, the case will enter the process of fact-finding, also known as discovery. Both parties will exchange information and evidence during this stage and may even conduct depositions. This stage accounts for the majority of the time in the timeline of personal injury lawsuits. Statute of limitations If you file a lawsuit for injury after the statute of limitations has expired, you will likely lose the right to claim damages. It is crucial to speak with an attorney for personal injuries as soon as you can even if you're unsure certain if the incident occurred within the time frame. A statute of limitation is a law of the state that sets a deadline for filing a lawsuit. In the majority of states the statute of limitations begins on the date that the accident or incident caused your injuries. The deadline to file a lawsuit for personal injuries is dependent on the person you are seeking to sue. For instance, if want to sue a municipal government agency (such as a county or city), the deadline is much shorter. There are other situations which could change the statute of limitations in your particular case. If you were exposed to toxic substances or suffered from medical malpractice, for example the statute of limitations may begin when you discover or ought to have known that your injuries are the result of negligence. In Merced injury lawsuits , minors are exempt from the statute of limitations. If you file a personal injury claim after the time limit has expired the defendant will likely inform the court and ask for the dismissal of your lawsuit. In this instance the court will decide to dismiss your claim in a hurry without hearing. It is important to consult an attorney who specializes in personal injury as soon as you can to discuss your situation and determine if you are eligible to file a legal claim. Complaint A complaint is a formal legal document filed by a plaintiff that alleges an actionable cause, and a demand for legal relief. The complaint must also specify the kind of compensation the plaintiff seeks. The defendant must then respond within a specific time frame. In general the case, a defendant will reject the claim. If the defendant fails to respond, a default judgment may be granted to the petitioner's behalf. Personal injury claims are typically based on actual bodily harm. Your lawyer will ensure that you are compensated both for the medical bills you are currently paying and any future expenses. These expenses include medication, home care, and physical therapy. Additionally, you can claim for any loss of quality of life caused by your injuries. This includes things such as the inability to walk, sleep or drive normally. This type of damage is called pain and suffering. If a complaint is filed when a complaint is filed, the court will convene a preliminary conference to schedule obligatory oral and physical examinations as well as any document production. Your lawyer will then draft the Bill of Particulars. It is a comprehensive report of your injuries. It will include your losses including your future and current medical expenses 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 that are not monetary that you're seeking. If your case is determined to have 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 doesn't have jurisdiction, you are able to appeal the decision. Summons The formal lawsuit starts with a summons. The plaintiff files a complaint with the court and then sends the defendant a copy by certified or registered post within a certain time frame. The defendant must respond or risk default judgment against them. Your New York City personal injury attorney will prepare an Bill of Particulars, which sets out the damages and injuries you've sustained more fully. It could 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 accountable for the damage. In the middle of a lawsuit, called “discovery” in which each party is able to ask questions and review evidence presented by the other party. Your lawyer will be crucial during this stage of negotiations because the defendant's representatives want complete information prior to making settlement offers. Your lawyer may also request that you undergo an examination by the doctor of their choice in regard to the injuries and damages you're seeking. If you fail to attend, the court could dismiss your case. Or, they may require that you pay for the doctor's examination costs. Once discovery and inspection are completed, lawyers on both sides can submit a document referred to as a “Notice of Issue” and a “Statement of Readiness for Trial.” This informs the court that your case is now ready to go to trial. The judge will then set the date for the trial. During the trial the jury will decide if the defendant was responsible for the accident as well as the injuries you suffered. If the defendant is accountable, the jury will award you damages. If the defendant isn't responsible and the jury denies your claim. Trial A personal injury lawsuit can result in a variety 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. A lawsuit may also be filed for injuries that are not physical like discomfort and pain and loss of companionship. In the initial stages of your case the lawyer will investigate your accident in order to fully comprehend the cause of the incident and the extent of your injuries. He or she will then engage with the insurance company of the party at the fault. Your lawyer will stay in touch with you on any significant developments and negotiations throughout the entire process. After negotiations have failed, your lawyer will submit a formal complaint to the court against the defendant. A complaint is the first official document in a civil lawsuit that identifies the parties, describes the incident, alleges wrongdoing and demands compensation. The complaint must be served personally and must be delivered physically to the defendant. This usually takes around one month. Once service is complete and the defendant is required to “answer” the Complaint within a specific date, which is usually 30 days. The answer will tell you if the defendant acknowledges the allegations made in the Complaint or denies them. At this point, your lawyer may provide medical records, documents as well as other evidence to prove your argument. The lawyer representing the defendant will submit an answer to these documents, and the two sides will engage in further negotiations. If the parties are not able to reach an agreement the mediation or arbitration process could be required prior to your case can go to trial. A significant number of personal injury cases are settled out of court. When a settlement is reached, your lawyer must pay any companies that have liens on the monetary settlement through a specific account in escrow before he/ they can issue an official check.